This action might not be possible to undo. Are you sure you want to continue?
LAVINIA NĂDRAG MANUELA STROESCU
ENGLISH FOR LAW STUDENTS
EDITURA FUNDAłIEI ROMÂNIA DE MÂINE
page UNIT 1 Law ………………………………………………. 5 UNIT 2 Civil Law …………………………………………...30 UNIT 3 Criminal Law ……………………………………….50 UNIT 4 Criminal Procedure …………………………………71 UNIT 5 Courts ……………………………………………..112 UNIT 6 The British Constitution and Government ………..146 UNIT 7 The United States Constitution and Government …169 UNIT 8 Legal Education …………………………………...210 APPENDIX A - Irregular Verbs …………………………...222 APPENDIX B - Idioms …………………………………….231 APPENDIX C - English-Romanian Glossary ……………...243 BIBLIOGRAPHY ………………………………………….252
Fill the word web below with as many words related to LAW as you can think of.
Law is the body of official rules and regulations, generally found in constitutions, legislation, and judicial opinions, used to govern a society and to control the behavior of its members. In modern societies, some authorized body such as a legislature or a court makes the law. It is backed by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies. Formal legal rules and actions are usually distinguished from other means of social control and guides for behavior such as mores, morality, public opinion, and custom or tradition. Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare. Law is not completely a matter of human enactment; it also includes natural law. The best-known version of this view, that God's law is supreme, has had considerable influence in the United States and other Western societies. The civil rights movement, for example, was at least partially inspired by the belief in natural law. Such a belief seems implicit in the view
that law should serve to promote human dignity, as for instance by the enforcement of equal rights for all. Muslim societies also embrace a kind of natural law, which is closely linked to the religion of Islam.
COMPREHENSION PRACTICE Find the words in the text which have the same meaning as the following definitions:
1. the system of basic laws and principles that a democratic country is governed by: 2. a law or set of laws: 3. to officially and legally control a country and all the decisions about taxes, laws, public services etc.; 4. using threats or orders to make someone do sth they do not wont to do; 5. a punishment for breaking a law, rule, or legal agreement; 6. the customs, social behaviour and moral values of a particular group; 7. peaceful or well-behaved; 8. to prevent sth from growing or developing;
true/correct party.9. custom._______________________ decision for our country._______________________ e. morality. I hope I was right to report them to the police. behavior. 10. discrimination. We are losing money e. comfort. importance. c. Complete the chart below explaining the meanings of the word right._______________________ 9 . to embrace. Provide synonyms for the following words: a) rule. or influence. This is definitely the right b. to enforce. b) to control. d. means. Sentence Meaning a. They were right about the a._______________________ d. having the highest position of power. We guessed right. to back. and happiness. health. crime. 2. c. religion. ☺ VOCABULARY PRACTICE 1. b. to limit.
_______________________ rights. left and centre. They must try to right the k. Read the following definitions._______________________ balance between taxation and government spending. i. We have the right to live f. They fight for women’s g. Both sides are convinced i. In its broadest sense. f.________________________ in peace.right. j. and then fill in the gaps. “the term can encompass rules 10 .________________________ rights and wrongs of the system. the word refers to a body of rules of action or conduct established and enforced by a controlling authority ( as in “the law of the land” or “state law”). 3._______________________ to know the difference between right and wrong. We are not interested in the j. Those children don’t seem h.________________________ that they are in the right. g. k. The origins of law suggest something laid down or settled. h. According to The Guide to American Law: Everyone`s Legal Encyclopedia.
to the effect that certain business groups were trying to “ capitalize the blue skies. on receiving a bill from Congress within 10 days of its adjournment. country or municipal ordinances. written expression of the will of a legislative body. Ordinarily. in June 1990. at the end of a state legislave session. a formal. The American lawmaking process. California. the bill goes to the President or governor for signature. judicial decisions – judgments -. starts with a bill introduced by one more members of the legislature. statutes or enactments of legislative bodies. has a Corporate Securities Law. is known informally as a “blue-sky.”) Moreover. in the process. both federal and state. bonds. Yet the word law has a place in official as in everyday usage.and. for instance. and other securities for the protection of the public from fraud. when signed by the proper executive officer. constitutional provisions.or the decrees and rules of a court”. can exercise an indirect veto ( called a poket veto) by failing to sign and return the bill before Congress adjourns. For example.promulgated by government. If passed. newspapers reported that the Supreme Court had declared “ the 1989 federal law against flag burning” unconstitutional. all bills that made their way through the process are collected and published 11 . designed to regulate the sale of stocks. The President.” (Such legislation. Though commonly referred to as “a law”. only when the bill is signed (or. administrative agency rules and regulations. but the majority opinion of the Court itself referred to “the Flag Protection Act of 1989”. which. is officially called an act or a statute. an act or statute. like similar laws in other states. if the bill is vetoed. when the veto is overriden by the legislature) does it become written law -. is said to have got its name from the comment made by an early proponent.
. or other court decision. Local ordinances usually deal with matters not already covered by federal or state legislation... though it too generally originates in a court or administrative agency..... ordinance.” An ordinance is a law adopted by a town... Often it is a set of rules prescribed by a governmental administrative agency in the public interest. or county legislature. such as one issued by a court... is not the same as a rule..is a court decision.. city...... c) . refers to a body of rules of action enforced by a controlling authority. A regulation is a rule or order by which certain conduct is controlled or directed.. b) A/An .. It is a judicial or administrative interpretation of a provision of a statute.. order. Even without binding legal force.. the Federal Communications Commission has issued regulations on the construction and operation of radio and television stations... A ruling.... rules are usually observed in the interests of order and uniformity.is a standard principle established by an administrative agency.. Yet a ruling...in a volume typically bearing the title ”Laws of ( name of the state). d) A/An .... a) A/An . For example.. regulation... waste disposal.... It has the force of law and will persist forever unless reversed by a court or modified by statute. is a form of law in itself. for example. zoning. and noise. A rule is a standard guide.. under authority granted by the Communications Act of 1934. 12 . or regulating principle established by a court or administrative agency for governing its practices and procedures. is a law adopted by a city legislature.
and appropriate compensation or other remedies for damage to persons. They were largely a declaration of existing custom concerning such matters as property.a blend of custom. Tribal society gradually evolved into territorial confederations. These tables and their Roman successors. 4. is often a set of rules prescribed by a governmental administrative agency in the public interest. Even in the absence of courts and legislature there was law -. The visible authority was the ruler. In the 8th century BC the law of Rome was still largely a blend of custom and interpretation by magistrates of the will of the gods. or chief. and elsewhere. morality. Governmental structures emerged.. The members of the tribe were bonded together initially by kinship and worship of the same gods. such as sacrilege or breach of tribal custom. including the Justinian Code. Historically. which were engraved on bronze tables in the 5th century BC. were met with group sanctions including ridicule and hostility.. South America. led to civil-law codes that provide the main source of law in much of modern Europe. the simplest societies were tribal. B.The threat of revolution led to one of the most significant developments in the history of law: the Twelve Tables of Rome.e) A/An. Law develops as society evolves... A. The gods 13 ... Wrongs against the tribe. payment of debts. religion. which influenced most of the legal systems of the world. The Twelve Tables serve as a historical basis for the widespread modern belief that fairness in law demands that it be in written form.. Order the following paragraphs. and modern law began to take shape. and magic. The most significant historical example is Roman law.
but over time it involved the courts in lawmaking that was responsive to changes in society. such as murder. customs. a major component of early law.S. developed in a different manner. adultery. England was a loose confederation of societies.. the laws of which were largely tribal and local. began with common customs. b) a family relationship. This legal system. e) a person who has an illegal or immoral behoviour. c) a strong feeling of respect and love for a god. Revenge of this kind was based on tribal custom. theft. d) the act of treating sth holy in a way that does not show respect. The Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that superseded the rules laid down by earlier societies. language etc. Wrongs against individuals. and later of the U. C..were appeased in ritualistic ceremonies ending perhaps in sacrifice or expulsion of the wrongdoer. The common-law systems of England. known as the common law of England. were avenged by the family of the victim. 5. often in actions against the family of the wrongdoer. and usually live in one particular area ruled by a chief. or failure to repay a debt. Before the Norman Conquest (1066). Find words in the text above which could be replaced by: a) a social group consisting of people of the same race who have the same beliefs. 14 .
public law. when one is entitled to compensation for an injury.for example. g) to develop sth by gradually changing. h) to mix. and so on. Provide as much information as you can. procedural law. i) the quality of being fair. and so on. what the difference is between larceny and robbery. The rules of procedure and jurisdiction determine the court or administrative agency that may handle a claim or dispute. j) used instead ( because they were more effective) ֠ PRE-READING / LISTENING What do you know about: substantive law. Read/ Listen to the text and complete the table below. the time limits involved. hearing. Substantive law defines the rights and duties of persons. procedural law defines and deals with procedures for enforcing those rights and duties.f) the crime of stealing. Substantive law determines a wide variety of matters -. or appeal. private law and international law? READING / LISTENING 1. the form of the trial. what is required to form a contract. Public law concerns the relationships within government 15 .
S. It is embodied in the Constitution and in the opinions of the U. U. The development of administrative law is a comparatively recent occurrence. including licensing. and their rules are reviewable by the courts. Public law is not quite so clearly demarcated in the United Kingdom and the U.S. Numerous federal and state administrative agencies now make rules that reach into all manner of activities. In totalitarian nations. regulation of trades and professions. basic principles pertaining to government powers and limits and to fundamental individual rights are found in acts of Parliament. constitutional law is the most extensive and pervasive of any country in the world. constitutional limits on legislative power are generally a matter of political determination. The U. Through its power of judicial review. Under the common-law approach the same courts handle public and private litigation. and many lawyers specialize in public law. has a distinct body of constitutional law. Supreme Court rendered over time.S. and tradition.. protection of health. public law is usually not codified. Constitutional courts in some civil-law countries have similar powers. judicial opinions. separate administrative courts adjudicate claims and disputes between the various branches of government and citizens. and promotion of welfare. and Parliament is supreme. the Supreme Court may invalidate any legislation or other governmental actions that it finds to be in violation of the Constitution.S. In the United Kingdom no equivalent judicial power exists. 16 . Their powers emanate from legislation. Because the Roman codes were almost entirely limited to the private area. on the other hand.and those between governments and individuals. Because the United Kingdom has no written constitution. In civil-law countries.
Special fields of law. Private law has also operated to provide general guidelines and security in private arrangements and interactions in ways that are complementary to morality and custom but that are not necessarily enforceable in a court of law. family relationships. The area is concerned with rules and principles pertaining to private ownership and use of property. associations. Even in its most modern developments. The 17 . power. Much of such law is in the commercial and corporate areas. Such law differs greatly from national legal systems. facilitate and control this competition. and redress by way of compensation for harm inflicted on one person by another. No court has the authority or power to give judgments backed by coercive sanctions. Historically. such as noncontractual promises and agreements within an association of private individuals. such as labor law. The legal process that concerns relations among nations is called international law. democratic societies increasingly have a mix of public and private law. The relative significance of purely private law has decreased in modern times. and the communication of ideas and values. wealth. government involvement was usually minimal.Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. and special legal entities such as corporations. Belief and experience in some form of international law dates from at least the days of the Roman Empire. contracts between individuals. Public law dominates in government-controlled societies. They compete with one another and with government for control of resources. The private sphere includes individuals and a vast array of groups. international law is almost wholly based on custom. organizations.
..... and use of air space) is observed or at least acknowledged in international relations. telecommunication...... machinery to enforce them exists -....precedents on which it rests are the acts of independent governments in their relations with one another....... Behind many of its rules is only a moral sanction: the public opinion of the civilized world. Type of Law Substantive Law Definition defines the rights and duties of person.....either an arbitration or conciliation procedure or the submission of the dispute to a regional or international court... use of the high seas. however. Certain courts also have indirect impact. including the International Court of Justice. The major sources of international law on these matters are multilateral treaties and international custom... determines.... The United Nations is one of the primary mechanisms that articulate and create international law.... A discernible body of rules and principles (concerning such matters as territorial titles and boundaries.. Procedural Law Public Law Private Law 18 .. including treaties and conventions.. limits on war.... diplomatic and consular exchange... When treaties or conventions are involved....
Type of Law International Law Administrative Law Constitutional Law Definition ☺ VOCABULARY PRACTICE Provide synonyms for the following words: duty larceny injury claim trial dispute branch approach power act pervasive to render invalidate ownership to inflict guideline security custom. agreement association entity to facilitate authority treaty to enforce submission affair 19 .
THE INDICATIVE MOOD (REVIEW)
Read through the texts you have studied in UNIT 1 and say why a certain from is used in each case. Supply the correct tense of the verb. The Simple Present or the Present Continuous?
1. You (to speak) English well? 2. You (to quarrel) with them every day. 3. He (to explain) the case now. 4. You (to know) this man? 5. Torn (to see) his boss now. 6. The students (to take) notes now. 7. He (to borrow) always money from his friends but never gives it back. 8. The judge (to hear) the witnesses. 9. You (to forget) your manners? 10. You (to mind) if I give her this book? 11. He (to know) what you mean. 12. What you (to do) tomorrow? 13. He (to go) to London on Sunday.
14. We (to distrust) our new colleague.
The Past Tense Simple or the Past Tense Continuous?
1. The girl said they (to live) in a big house. 2. My friend would help me if he (to be) here. 3. I shouted to him to stop, but at the moment he (to run) too fast to hear. 4. He understood that there (to be) something wrong. 5. He is speaking as if he (to know) everything about the accident. 6. If she (to understand) you, she would answer your questions. 7. Our neighbours would rather we not (to make) so much noise in the afternoon. 8. He promised me that he would tell me the truth when be (to know) it. 9. What they (to do) when they (to hear) that noise? 10. I wish you (to understand) the situation.
The Present Perfect Simple or the Present Perfect Continuous?
1. Last week we wrote two reports, but this week we (write) only one.
2. How long (know) him? 3. I (know) Tom since he (work) in our office. 4. We (be) busy lately. 5. Tom (live) in this house for ten years. 6. I (explain) this problem to them for half an hour, but they don’t seem to have understood it yet. 7. What will you do after you (finish) school? 8. I hear that your secretary has left. Anybody (appoint) to take her place? 9. A terrible accident (happen): a car ran into a group of children and killed two of them. 10. They (discover) the mistake.
The Past Perfect Simple or the Past Perfect Continuous?
1. The boy explained that he (to see) somebody in the garden. 2. By the time the rain started, we (to dig) the whole garden. 3. No sooner she (to see) the photos than she remembered everything about the accident. 4. None of us knew why they (to hi) in bed since morning. 5. I would have told you the news if you (not to sleep) for half an hour.
6. I hardly/scarcely (to enter) the room when somebody knocked at the door. 7. I knew she (not to see) him since Christmas. 8. John explained to his father that he (watch) TV at 8 o'clock. 9. They were looking at us as if I though they (not to hear) what we had asked them. 10. We wondered what she (to do) all that time.
1. We (to speak) when we think fit. 2. You (to help) me with this report? 3. This time next month we (to travel) to London. 4. What Torn (to tell) us? 5. I (not to tell) you the truth. 6. Tomorrow we (to be) on holiday for one month. 7. At 2 o’clock they (to discuss) for four hours. 8. He told me that he (to go) there soon. 9. Torn reminded us that at that time he (to travel) to Paris. 10. The President (to arrive) at 8 o’clock.
3. Supply the correct tense of the verbs given in brackets.
Contraband (to classify) into two categories, absolute contraband and conditional contraband. The former category (to include) arms, munitions, and various materials, such as chemicals and certain types of machinery, that may be used directly to wage war or be converted into instrumentalities of war. Conditional contraband, formerly known as occasional contraband, (to consist) of such materials as provisions and livestock feed. Certain other commodities, including soap, paper, clocks, agricultural machinery, and jewellery, (to classify) as non-contraband, although these distinctions (to prove) meaningless in practice. Under conditions of modern warfare, in which armed conflict (to become) largely a struggle involving the total populations of the contending powers, virtually all commodities are classified by belligerents as absolute contraband. Numerous treaties defining contraband (to conclude) among nations. For the duration of World War I, nearly all cargoes in transit to an enemy nation were treated as contraband of war by the intercepting belligerent, regardless of the nature of the cargo. A similar policy (to inaugurate) by the belligerent powers early in World War II. Copyright is the property right arises automatically on the creation of various categories of work, and (to protect) the right and interest of creators of literary, dramatic, musical, and artistic works, sound recordings, films, broadcasts, satellite and cable programmes, and the typographical
broadcast. but “life-plus-50-years” is common in many parts of the world -. by the book 5. or recording of a piece of music -. important person b. bible 3. publish. green horn a. Match the definitions on the right with the terms on the left. know the procedures d. painting. person who has no experience c.the creators or right owners can keep to themselves or authorize to others the exclusive right to copy. 1. in which case the employer will own the copyright and be entitled to all the economic but not the moral right in that work. The duration. programme. Several countries in the European Union. 4.that is . Copyright does not have to be registered.arrangements of published editions. perform. stay out of trouble 25 . invariable e. (to increase) now this term to 70 years. or legal term. or completes the work in the course of employment. copyright to exist in a work for 50 years from the end of the year in which the author (to die). Copyright (to call) the trading system for works of the mind. of copyright varies internationally. The author or creator of a work is typically the owner of the copyright he or she (to assign) that right to someone else. or adapt their work. including the United Kingdom.a book. Once a work to create in tangible form -. above board 2. bigwig 4.
following rules or orders exactly as they are written h. 26 . establish and enforce regulations and discipline j. authoritative documents CULTURAL NOTES Did you know that the phrase “to turn the tables” means to give an opponent the same treatment he has been giving you? The expression comes from a popular sixteenth century card game. where a player might have found himself in a worse position than his opponent. hard and fast rule 7. in writing i. The phrase dramatically tells the story of the war. and so turned the board or table around to put the other man in the same position. keep your nose clean 9. The Allies at last "turned the tables" on the aggressors and defeated them. lay down the law f. in black and white 8. honest g.6. know the ropes 10.
One who makes a secret. He is said "to be above board". 27 . WRITTEN ASSIGNMENT 1. but let hornets go free. But the man who wants to hide his plans and purposes "deals under the table". One is "to put your cards on the table". out in the open where everything can be examined. An honest man lays his "cards on the table". d) Much law. b) Laws catch flies. illegal payment to another is said to be "paying under the table". c) Ignorance of the law excuses no man. Translate into Romanian the following proverbs: a) Abundance of law breaks no law.Two closely related expressions also come from the word table. "to deal under the table". so to speak. This expression is used to describe many dishonest activities. The other is the phrase. You can clearly see he is not trying to hide anything. but little justice. e) Law makers should not be law breakers.
3.f) Wrong laws make short governance. Nu întrezărim nici o dificultate în rezolvarea acelei probleme. Dacă vei citi acestă scrisoare. Mă îndoiesc de faptul că ei vor sosi aici la timp. 1. 4. Prietenul tău te tachinează des? 8. Choose one proverb from the list above and enlarge on it. 3. vei afla adevărul. 9. El se întâlneşte cu complicele lui acum. i) Truth is the daughter of time 2. h) Truth and oil are ever above. Şofezi încet astăzi? 6. Este timpul să studiem germana. Când l-ai vazut ultima oară? 28 . Translate into English. g) Time is the father of truth. 10. 11. Vorbeşti cu un străin. Ce vom discuta la următoarea şedinŃă? 7. 2. De ce eşti aşa de pesimist astăzi? 5.
Am încercat adesea să îi spun adevărul. I-am mulŃumit.12. Când am plecat de la poliŃie. Alerga pe stradă când a căzut şi şi-a rupt piciorul. Tom ne-a spus că fratele său tocmai plecase. 29. L-am întrebat pe poliŃist de adresa lui John. 26. Mi-am amintit adresa ei. 23. 20. 28. aceasta se plimba singură pe străzi de ore întregi. Tom încă mai vorbea cu un poliŃist. 21. Mergeam la serviciu ieri. 24. Ma gândesc la ce a spus de mai mult de două ore şi tot (încă) nu pot să înŃeleg ce s-a întâmplat acolo. De cât timp aştepŃi? 17. Johnson nu şi-a început discursul până nu s-a aşezat toată lumea. I-am spus prietenului meu că îi voi imprumuta cartea după ce o voi citi. 16. 19. Incendiul se răspândise şi la alte case înainte ca pompierii să sosească. Dupa ce a citit telegrama. 18. 22. 29 . bătrâna a izbucnit în lacrimi. 25. 27. Dl. Când poliŃia a găsit fetiŃa. 13. 15. când am văzut o casă în flăcări. Doream să nu fi pierdut trenul. Am anunŃat poliŃia despre accident imediat ce a avut loc. 14. Nu ne-am speriat până nu am auzit zgomotul.
Vrem să ascultăm ştirile. 33. De cât timp vei fi lucrat în acest birou când te vei pensiona? 35. Ei sunt pe cale să facă o mare greşeală. 30 . 38. Ea se uita la noi de parcă nu ne recunoscuse. Pe vremea aceasta săptămâna viitoare voi studia dreptul.30. Se va opri dacă va vedea semaforul. Fratele meu va absolvi facultatea în iunie. 31. 36. Unde îŃi vei petrece acest weekend? 37. 34. Să dau drumul la radio? 32. Mi-ai spus că ea va înŃelege asta mai târziu.
have spread throughout the world. What do you know about CIVIL LAW ? 2. Characteristics Of Civil Law Civil Law is the term applied to a legal tradition originating in ancient Rome and to the contemporary legal systems based on this tradition.UNIT 2 CIVIL LAW ֠ PRE-READING 1. which were originally developed in Western European countries. Modern civil law systems. Is there any difference between CIVIL LAW and COMMON LAW? READING / LISTENING 1. Read / Listen to the text and complete the table on the next page. Civil law is 31 .
typically contrasted with common law. all codes are intended as blueprint of social regulation that attempts to guide individuals through society from birth to death. contracts.those that hear public law cases and those that address matters of private law. The term civil law also applies to all legal proceedings (whether taking place in a civil law or a common law system) that are not criminal in nature. Although the contents of codes may vary widely from country to country. Public law consists of matters that concern the government: constitutional law. Civil law judges administer the codes that are written by legal scholars 32 . The civil law tradition makes a sharp distinction between private and public law. Canada. The code is a systematic and comprehensive compilation of legal rules and principles. divorce. When different facts or new consideration arise. In many countries with civil law systems. The civil law tradition views judges as government officials who perform essential but uncreative functions. and payment for personal injury are examples of civil law. The role of judges in civil law jurisdictions differs considerably from that of judges in common law systems. criminal law and administrative law.Under this definition laws regulating marriage. and contractual agreements. Private law includes the rules governing civil and commercial relationships such as marriage. common law judges are free to depart from precedent and establish new law. two sets of courts exist -. and the United States. The most obvious feature of a civil law system is the presence of a written code of law. a system that evolved in medieval England and that is the basis of law in most of the United Kingdom.
therefore. the precedent itself is law. Civil law. the judges who decide which party will prevail in any given trial are also the creators of common law.the pretrial search for information conducted by the parties involved in the case. Civil law judges administer the law. Therefore. for a jury. and judgment is rendered. Instead. 33 . on the other hand. In civil law systems the judge supervises the collection of evidence and usually examines witnesses in private. Therefore. The trial of a case under civil law also differs substantially from a common law trial. Cross-examination of witnesses by the opposing party`s attorney is rare. The civil law system assumes that there is only one correct solution to a specific legal problem.and enacted by legislators. evidence is gathered. Civil law systems do not have any process like the common law practice of discovery -. In the common law system. Systems of common law and civil law also differ in how is created and how it can be changed. They may also consult legal treatises on the issue in question. This eliminates the need for a trial and. a civil law action consists of a series of meetings. in which both parties present arguments and witnesses in open court. hearings. judges are not expected to use judicial discretion or to apply their own interpretation to a case. usually with the advice of legal scholars. is made by legislators who strive to supplement and modernize the codes. and letters through which testimony is taken. but they do not create it. Common law is derived from custom and precedents (binding judgments made by prior judicial decisions).
.CIVIL LAW ORIGINS COMMON LAW CHARACTERISTICS DIFFERENCES 2. Refer to the text in order to fill in the missing information in the chart below. CIVIL LAW in Western European Countries & COMMON LAW in U.K. 4…… …. 2………… PRIVATE LAW CIVIL LAW 5…… …. CONSTITUTIONAL LAW 6…… … ADMINISTRATIVE LAW 34 .
comprehensive 5. testimony 11.☺ VOCABULARY PRACTICE Match the words on the left with their corresponding definitions on the right. discretion 9. precedent 12. strive 35 . feature a) including all the necessary details b) a set of written rules or laws c) an official decision which can be used to give legal support to later decisions d) the ability and right to decide exactly what should be done in a particular situation e) a serious book about a particular subject f) cover or stretch over a large area g) a formal statement that something is true h) to make a great effort to achieve sth. proceedings 3. compilation 6. code 7. 1. treatis 8. i) actions taken in a law court or in a legal case j) a book which is made up of different pieces of information k) a meeting of a court to find out the facts about a case l) characteristic 4. hearing 10. spread 2.
or religious. especially in Italy. The early custom and laws of Rome were put in writing for the first time in 451 and 450 BC. a city-state that emerged in the 6th century BC and became an important comercial and military power. law. B. the Corpus Juris Civilis began to be more commonly enforced as legal authority in France and Italy. Order the following paragraphs: A. a group known as the Commentators attempted to integrate the Glossators`interpretations of the Corpus Juris Civilis with customary law and canon. scholarly interest in the law resurfaced. In the 6th century Emperor Justinian I reunified the Roman Empire.The Commentators focused on the development of a comprehensive legal theory. which had been divided into eastern and western parts as a result of invasions during the 5th century. Their method was known as the gloss. Beginning in the 13th century.3. Toward the end of the 11 th century. when they were inscribed on 12 bronze tablets. The civil law tradition traces its origin to the Roman Republic. and the practitioners of this method became known as the Glossators. C. The principles contained within these Twelve Tables constituted the basis for all Roman civil law. Justinian sought to restore the legal system throughout the empire and appointed a commission to collect and consolidate existing sources of 36 . when wars subsided in Europe and trade flourished. At this same time. The revival of the Roman civil law tradition eventually formed the basis for a common legal language throughout Europe. The legal scholars who attempted to revive roman law sought to establish the study of law as a science by interpreting and analyzing the Corpus Juris Civilis.
In 533 and 534 this commission published three books that were collectively known as the Corpus Juris Civilis (Body of Civil Law). Much of the western part of the Roman Empire was reconquered by various invaders in the last half of the 6th century. In 4th century BC the Roman Republic created a magistrate`s office. D. E. For example. The rise of nationalism that began in the 18th century led to the adoption of distinct civil codes for each European country. resolutions of the Roman Senate. The subject matter of all these codes is almost identical with the first three books of the Corpus Juris Civilis. 37 .Roman law. pronouncements of the emperor. known as the praetorship. The Corpus Juris Civilis embodied many generations of legal pronouncements as well as interpretations by great jurists (legal scholars). The new rules did not completely adopt Roman law or impose their own system. or the Justinian Code. Instead. simple version of Roman civil law heavily influenced by Germanic legal customs were brought by invaders to what is now Italy. In the early 1900s Switzerland and Germany adopted similar codes. to hear cases involving civil matters. In the resulting chaos. edicts (proclamations) of the praetors. of which the French Code Napoleon of 1804 is the most famous. F. The sources of law applied by the praetors included the Twelve Tables. the influence of the Corpus Juris Civilis in those areas diminished. and after Augustus declared himself emperor in the 1st century BC. over the next several hundred years a partial fusion of local law and the law of the invaders occurred.
estates and trusts.and receive monetary damages from A not only for the dental bills and other out-of-pocket expenses B incurred as a result of the battery but also for pain. Civil law exists to resolve conflicts between parties rather than between an offender and society. can be brought by one person against another. and the party responsible for the injury cannot be fined or imprisoned for the act. but the principal ones include the law of torts.READING PRACTICE AND VOCABULARY I.a tort.”Injury” as used here refers not only to physical injury but to other types such as monetary damage. and domestic relations. contracts. If A commits battery upon B and damages B`s teeth. The Civil Law includes the remainder of the law after criminal law. usually for monetary damages. Many intentional torts may be crimes as well. But B can sue A for battery. for which a civil action. The civil law has many branches. suffering. Read the following text and complete the sentences below. 38 .Torts fall into two main categories: intentional torts and negligence. Assault and battery afford an example of this. except breach of contract. real and personal property. The Law of Torts A tort is any wrong or damage. A civilly injured party is entitled to receive some type of compensation for the injury. and mental anguish. it will do B little good if A is criminally fined or imprisoned.
such as newspapers. and courts could order it abated or stopped. provides for treble. 39 . or business. Because it is an individual right. The tort of invasion of privacy stems from the right of the individual to be left alone. the actual damages. are apt without utmost care to commit the tort of libel or slander. as a part of a manufacturing process. for example. The process could. While state antitrust statutes provide for the recovery of actual damages by an injured party.Several other intentional torts include fraud and deceit. or three times. The constitutional guarantee of “freedom of speech” does not protect the tortfeasor who intentionally and knowingly defames the reputation of another. both libel (written statement) and slander (oral statement) are included in the broad term defamation. Many businesses. magazines. The damage suffered by a victim is essentially to the person`s reputation as the result of a false statement or imputation. and the broadcast media. and antitrust violations. or outrage by person of ordinary sesibilities. Nuisance consists of using one`s property in such an unreasonable way as to damage another. the maintenance of a nuisance. the Sherman Act. which the business should take every precaution to prevent. Thus. it cannot be claimed by a corporation. Antitrust violations involve the activities of an unlawful monopoly or combination that injure another. libel and slander. could cause damage to adjacent property owners. the federal statute. discharge noxious fumes. Environmental pollution may be a public nuisance. Businesses that are involved with mass communications. Damages for intrusion into an individual`s privacy might consist of humiliation or shame. the invasion of another`s privacy. mental distress. The doctrine is really a limitation on the use of property. institution.
to perform services.must be the proximate cause of the injuries sustained. A sale is but one medium through which this may be done. The negligent act . It is difficult to formulate a precise definition of personal property. which consists of land and the buildings on it. The Law of Contracts Contracts may be oral or written. that are not classified as torts or crimes Personal Property The law relating to the sale of personal property is largely contained in Article 2 of the Uniform Commercial Code. to lease property-real or personal. and to include all dealings and relationships between persons. The owner of property may transfer property by will (a bequest) or by making a gift of it. They include all agreements or promises to buy and sell personal and real property. Negligence may arise from an act of omission (the failure to do an act a reasonably prudent person would have done under the same circumstances) or an act of commission (the doing of an act that a reasonably prudent person would not have done under the same circumstances). to agree to do or not to do specified acts. including marriage. express or implied. 40 .Negligence is an unintentional tort for which a person can receive a monetary judgment for damages. Inherent in the ownership of property is the right to transfer or dispose of it. A person is negligent when he or she fails to exercise that degree of care that a reasonably prudent person would have exercised under the same circumstances. In all negligence actions. the standard of care that an individual must exercise is due care under the circumstances. to mortgage or otherwise encumber real or personal property. Clearly the term includes objects other than real property.the wrong .
It has the following principal branches…………………. ……………………………………………………………… 7. 6. leases of apartments. 41 . trademarks-™ (a sign.. copyrights-(grant giving an author an exclusive right to possess. for 20 years and renewed at the same interval. 8. Torts can be divided into ………………………………… 5. Another distinction of corporeal personal property is that it is visible and movable. Intentional torts include …………………………………. stock certificates. Finish the sentences using information provided in the paragraphs above. A tort is ……………………………………………….… 4. 1. Incorporeal personal property involves…………………. bank accounts.Personal property is frequently classified as corporeal or incorporeal. or sell the production of their intellect). mortgages on both real estate and chattels. sell or allow others to use the invention exclusively for 17 years). and even court judgments. publish.. may be registered. The term corporeal personal property refers to personal property that is tangible and includes goods that are also referred to as chattels. The civil law includes……………………………………. promissory notes.. offices and stores. 2.. bonds. Negligence is …………………………………………….. mark. name or symbol that identifies a business or its product.patents (grant to the inventor to use. 3. Libel and slander are included in the broad term ………. Incorporeal personal property involves “rights” rather than tangible objects. II.
and shocking action IV. violent. Fill in the missing words in the sentences below. Choose from the following: arrested verdict fine juvenile delinquent bail prosecution Crown Court remanded in custody proof charged sentenced Magistrate’s Court probation defence witness testimony arson burglary imprisonment solicitor barrister evidence commit embezzlement shoplifting 42 .III. Find the words whose definitions are given below: someone guilty of a crime a wound or damage to part of your body caused by an attack the crime of attacking someone to make a legal claim against someone to put yourself in an unpleasant situation by your own actions mental or physical suffering caused by extreme pain or worry the most that can be done the opinion that people have about a particular person a statement that someone is guilty of a crime or of doing sth. Bad delinquent great pain a very cruel.
him to seven years’. 5. 43 .……………: the prisoner was guilty. the Jury finally reached its….with murder. This is the fourth fire in the area recently. He was……………… by the police outside a pub in Soho and…………. This is the third…………in the area in the past month. 6. 3..1.……………………for armed robbery. The shop decided to install closed-circuit television in an effort to combat the problem of……………… 9. 7. Although the police suspected that he had been involved in the robbery. Another house was broken into last week. 2. since they had no definite…………………there was nothing they could do about it. After twelve hours. He parked his car in the wrong place and he had to pay a 20$ parking ………………. The judge…………………. 8.crimes has risen sharply in recent years. The police suspect…………. 4. The number of young people who ………….
15. 12. 11. The sum of money left with a court of law so that a prisoner may be set free until his/her trial comes up is called……………. A………………….000$ of the bank’s money during the previous five years. 14. A…………………………….. The bank manager admitted taking 250. The witness held the Bible in her right hand and said: “I swear by Almighty God that the……………………I shall give shall be the truth. the whole truth. The lawyer who prepares the case for his/her client prior to appearing in court is called a……………………. There are two criminal minor courts in Britain and -the.is someone who sees a crime being committed...is a young person who breaks the law. 13. 17.. The formal statement made by a witness in court is called a …………………… 44 . the………………. and nothing but the truth”.10. He was found guilty of………………………… 16.for offences ……………………for more serious ones.
At a trial. sue j. white-collar job 2. Since it was his first offence. not yet decided/resolved c. not official i. 19. an intelligent person b. while the barrister who speaks against him is called the Counsel for the…………………. 20. 1. backbreaker a. Match the words in the two columns.18. extremely easy 45 . the barrister who speaks for the accused is called the Counsel for the………. If a person is……………………………. hide/cover up mistakes/failures e. a general overview of a situation h. go to law 5. he was not sent to prison but put on…………………for six months. job where you work at a desk g. difficult to understand d. whitewash 10. off the record 3. over my head 8. broad picture 7. brain 9. this means that s/he is put in prison before his/her trial. V. up in the air 6. piece of cake 4. difficult job f.
On the other hand. the civil case is stayed until the penal decision is taken. GRAMMAR PRACTICE MODAL VERBS (REVIEW) 1. without a shadow of a doubt. The outcome is that where a civil and a penal action are concurrently pending. Make comments on: “Honesty is the best policy”. To avoid any delay for victims. be it penal fault. They enjoy the added advantage of seeing the prosecution doing the hard work of establishing proof of guilt – and footing the costs. Underline the modal verbs in the text below.GROUP WORK. Explain their usage. they are given the possibility of joining their civil action to the criminal proceedings. The variability of standard of proof in the common law system is well known. whilst the civil “balance of probabilities” would be the 51% conviction rule. the standard of proof required in civil and penal law in France is the same: the judge has to be convinced. of a person’s fault. The emphasis is maybe stronger than in Common Law trials on the written evidence and the rules governing its admissibility. But one could label the penal “beyond reasonable doubt” the 100% conviction rule. which they do in the immense majority of cases. 46 . There are extensive rules governing the gathering and weighing of evidence in civil cases.
Use each one in sentences of your own. whereas the latter experience a considerable rate of pre-trial settlements. It addresses the subject matter from a different angle to that of common law proceedings. 47 . the exclusion of evidence and therefore also pens the possibility for manipulation of evidence by lawyers. even if he later discards irregular evidence. The suspicion here is that a great number of settlements in England are due simply to the cost of proceedings. but it also practices the right to silence. 2) Acuzatul nu ar fi putut să dea un răspuns mai bun decât acesta. Make a list with the modal verbs that you know. and that there is no limit on what he may hear. 2. To conclude. But it is true that the investigative duty the continental judge is held to discharge limits the extent of the risk. Group work. Write them on the blackboard and correct the mistakes. I would assert that civil law procedural systems do have a law of evidence. 3.A striking difference between French and British civil proceedings is that the great majority of the former end in a written and reasoned judgment. Translate into English: 1) Harry poate să ne ajute mâine.
8) Este posibil ca vecinii noştrii să fi auzit nişte zgomote când maşina ne-a fost furată. ai putea obŃine slujba aceea. astfel încât să te putem auzi. 11) Nu putem discuta chestiunea aceasta altă dată? Nu.3) Cu toate că şoferul a fost grav rănit. 48 . a putut să iasă din maşină înainte ca motorul să explodeze. 6) Este posibil să plouă la noapte. am putut să trecem prin vamă rapid. de asemenea. 5) Nu îl putem recunoaşte acum. trebuie să o discutăm acum. 12) Copii nu trebuie să traverseze strada pe aici. 9) Dacă vorbeşti engleza bine. El a trebuit să meargă acolo ieri şi va trebui să meargă şi mâine. aşa că Tom trebuie să meargă la universitate. dar nu trebuie să spui nimănui despre el. în timp ce în Anglia trebuie să fie pe partea stângă. 14) ÎŃi voi spune secretul acesta. 10) Astăzi este miercuri. 7) Vorbeşte mai tare. 4) Deoarece aveam toate documentele în ordine. dar puteam să-l recunoaştem când avea mustaŃă. 13) In România traficul trebuie menŃinut pe partea dreaptă.
15) Nu este nevoie să mergem la serviciu mâine. 28) Tom obişnuia să fumeze mult când era în armată? 29) Cum au îndrăznit să vină aşa de târziu? 30) Nu îndrăzneşte să se arate în faŃa noastră. 21) Este recomandabil ca el să încerce să-l găsească. 19) Am stins luminile pentru ca nimeni să nu observe că eram acolo. dar şeful trebuie să meargă. 16) Este nevoie să merg acolo în fiecare zi? Este nevoie să merg acolo acum? 17) Nu a fost nevoie să bat la uşă deoarece era deschisă. 49 . 23) Ce ar face dacă s-ar întâmpla să găsească un paşaport pe stradă? 24) Ar trebui să fii atent la regulile de circulaŃie! 25) Ea ar trebui să-şi îndemne toŃi prietenii să participe la întâlnire. 18) Ar fi trebuit să încui uşa înainte de a pleca de acasă. 22) Este corect ca el să spună adevărul de la început. 20) A închis geamul de teamă să nu îl audă vecinul său. 26) Vă deranjează dacă repetaŃi întrebarea? 27) Băiatul a promis că va fi aici la prânz.
WRITTEN ASSIGNMENT Enlarge on: ♣ Corruption of the best becomes the worst. ♣ The sting of a reproach is the truth of it. than lie correctly. ♣ Better speak truth rudely. ♣ Face to face. Topics for Presentations Common Law vs. Continental Law The Adversary System 50 . ♣ Knavery may serve for a turn. the truth comes out. but honesty is best at long run.
UNIT 3 CRIMINAL LAW ֠ PRE-READING DISCUSSION 1. prosecute. establishes punishments. apprehend. Do you know anything about CRIMINAL LAW? READING Read the following to check your knowledge: Criminal Law is the branch of law that defines crimes. 51 . Criminal law includes both substantive law and criminal procedure. charge. which regulates the implementation and enforcement of substantive criminal law. and sentence to punishment individuals who violate substantive criminal law. Substantive criminal law defines crime and punishment. On the other hand. and regulates the investigation and prosecution of people accused of committing crimes. criminal procedure is concerned with the legal rules followed and the steps taken to investigate. What do you understand by LAW ? 2. convict.
Criminal law seeks to protect the public from harm by inflicting punishment upon those who have already done harm and by threatening with punishment those who are tempted to do harm. injury 52 . judges decide cases by referring to statutes. or bodily injury to human beings. a law passed by a parliament 6. much of Latin America and Africa. which are enacted by legislatures and compiled in comprehensive books called codes. READING COMPREHENSION PRACTICE I. judges decide cases by referring to principles set forth in previous judicial decisions. In civil law systems. It may be physical harm.In the common law system. Try to give a title for each paragraph II. Find words in the text above corresponding to the following definitions: 1. danger to the government. or injury to the public health. which are found in most Western European countries. disturbance of the public peace and order. The harm that criminal law aims to prevent varies. to find and take away a criminal 4. to prove or officially announce that someone is guilty of a crime after a trial 5. Common law systems are typically contrasted with civil law systems. the process of bringing a charge against someone for a crime 2. damage. sexual immorality. death. the loss of or damage to property. and parts of Asia. making people obey a rule or law 3.
justify. punishment as a device for ensuring that offenders pay for past misconduct d. a situation in which people fight or behave violently in public 8. punishment dissuading the offender from repeating the crime e. punishment denying the criminal the oportunity to commit further crimes b. For intoxication to be used as a defence against a crime. restoration a. deterrence 3. Match the definitions on the right with the terms on the left: 1. mitigate. it must be (voluntary). or excuse conduct that the state has labelled criminal. A person who commits a crime because another is exerting extreme influence or (press) upon them may have the 53 . A perpetrator’s youth has long been a defence to criminal charges because children are deemed incapable of making rational decisions for which they should be held (account). retribution 2. restraint 4. Complete the following sentences with the correct form of the words in brackets: Defence is a term that refers to numerous claims that serve to rebut.7. providing offenders with education and treatment 2.The defence of (sanity) is based on the premise that those who are unable to control their actions or appreciate the (crime) of their actions due to mental (ill) should not be under (crime) law. compensation for victims c. no trouble or crime ☺ VOCABULARY AND GRAMMAR PRACTICE 1. rehabilitation 5.
Adultery is the crime of any married person who cohabits or has sexual intercourse with another person who is not his or her spouse. The line between the two depends upon the value of the property stolen. Arson is the malicious and voluntary burning of the dwelling house of another. As a general rule. 3. Grand larceny is commonly a felony. Larceny (commonly called and widely spread as theft) is often divided into two degrees: grand larceny and petit larceny. 54 . the law provides a defence for actions that (reason) appear necessary to protect oneself from the imminent use of (law) force. Read the definitions below the chart and then fill in the suitable column: crimes against person crimes against property crimes crimes against against habitation sexual morality crimes against gvt.defense of duress/coercion. while petit larceny is a misdemeanor.
the carrying away of another by force (or threat of force) against his/her will.The intent is known as malice aforethought. ill will. It is generally divided into two branches: voluntary and involuntary manslaughter. or spite is required.Murder is defined as the unlawful killing of a human being by a person who had an intent to kill. Kidnapping is the felony involving the seizure. Embezzlement occurs when a person who has lawful possession of another’s money or property fraudulently converts that money or property to his/her own use. and. Manslaughter is defined as the unlawful killing of another without malice aforethought. An aggravated form of kidnapping occurs if the purpose of the act is to obtain ransom or reward. But assault (an attempt to inflict bodily injury upon another) and battery with a deadly weapon or with intent to commit some other crime (such as rape) are commonly punishable as felonies. confinement. Assault and Battery are common law crimes that differ from murder and manslaughter primarily in that the victim is not killed. facilitate the 55 . while simple assault and battery are considered misdemeanors. Perjury is defined as willfully giving a false statement while under oath concerning a material matter in a judicial proceeding. use the victim as a shield or hostage. perhaps. No actual hatred. Burglary The common law definition of burglary is breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein.
Prostitution involves the exchange of sexual contact or favors for money or its equivalent. Robbery is a form of aggravated larceny . stated or implied. The crime of pandering (pimping) involves the promotion of prostitution by enticing or procuring persons to engage in prostitution. Treason consists of attempting by overt acts to overthrow or levy war against the government. Extortion / blackmail differs from robbery in that the threats. that either has legal significance or is commonly relied upon in business transactions. plus larceny. or terrorize or inflict bodily injury on the victim. Forgery is a false writing or a genuine writing materially altered. to adhere oneself to the 56 . such as robbery or rape. or death of the spouse. annulment. Bribery is defined as giving or promising to give a public official something of value with a corrupt intent to influence the official in the discharge of his or her official duty. Incest consists of either cohabitation or sexual intercourse between closely related persons. Bigamy is committed by a person who willfully and knowingly enters into a marriage before a prior marriage has been legally terminated by divorce.a combination of assault or battery.commission of another offense. such as between parent and child or between siblings. that cause the victim to give money or property to the offender are not threats of immediate violence but rather threats (intimidation) of future harm.
or factors. 4. a parent is obligated to rescue his or her child from danger and a lifeguard on duty must attempt to rescue a drowning swimmer if it is physically possible for the parent or lifeguard to do so. For example. a child may earnestly wish a parent dead and may even think about killing the parent. parents owe a duty to their young children and lifeguards to swimmers in their charge. A person who has a special relationship with another or has voluntarily assumed a duty to help another may be guilty of a crime if he or she fails to act. provided that he or she took no action to bring about the parent’s death. however. are defined in terms of omission or failure to act. it is a crime not to file an income tax return. To be guilty of a crime. For example. a person must commit an either voluntary physical act or fail to act when s/he had a legal duty to do so. must coexist in order for behavior to constitute a crime. the pulling of a trigger or the thrusting of a knife in murder. the child is not a murderer. Suggest your own comprehension questions to the following extract : ELEMENTS OF A CRIME Certain elements.enemies of the government. Thus. But even if the parent should coincidentally die. 57 . Although the duty to rescue a person who is in danger is limited. Most crimes are committed by a specific action—for example. Some crimes. or to give aid and comfort to the enemy. or the lighting of a fire in arson. there is no criminal liability for bad thoughts alone. In other words.
accidentally runs over and kills his brother who happens to be crossing the street. There is no criminal liability unless the criminal act and the required intent concur. if a woman shoots at a man with the intent to kill him but. or of conducting oneself with intent to accomplish a specified consequence. the shooter’s intent to kill the man is transferred to the child and the woman is liable for the child’s murder. causes a similar harm to another person or object. in attempting to carry out that intent. knowingly. misses the man and hits and kills a child nearby. On the other hand. due to poor aim. Thus it is not murder if a man desires to kill his brother and. willfully. while driving to the store to purchase a gun for this purpose. one's intent will be transferred from the target person or object to the person or object actually harmed. 5. Latin for “guilty mind. This element is sometimes called the requirement of mental fault (mens rea. or negligently acting or bringing about a result. Match each text with the corresponding headline: Duress Entrapment Intoxication Self-Defense Age Insanity Mistake 58 . recklessly. if one intends harm to a particular person or object and.To be guilty of a crime.”) Thus. many crimes are defined in terms of intentionally. maliciously. the person must also have had the intent to act in a harmful way. For example.
this may produce a state of mind resembling insanity. illegal drugs. C. or prescribed medications. it is rarely used and infrequently successful. justify. Although a great deal of publicity is usually generated when it is invoked. based on the theory that children need help more than punishment. A perpetrator's youth has long been a defense to criminal charges because children are deemed incapable of making rational decisions for which they should be held accountable. Under these statutes children who commit crimes are considered guilty of delinquency rather than of a criminal act.A. a child under seven is deemed too young to be criminally responsible. or excuse conduct that the state has labeled criminal. mitigate. but any child older than that is deemed sufficiently mature to be criminally responsible in most circumstances.Evidence of the accused person’s diminished capacity may reduce the severity of the crime charged or of the sentence imposed upon conviction. This defense is based on the premise that those who are unable to control their actions or appreciate the criminality of their actions due to mental defect or illness should not be punished under criminal law. It is a legal test of criminal responsibility and does not strictly conform to the medical definition of mental illness. B. Under the common law. Defence is a broad term that refers to numerous claims that serve to rebut. Whether caused by alcohol. A child between seven and fourteen cannot be convicted of crime without proof that s/he knows the difference between right and wrong. An offender in this state often cannot distinguish right from wrong or may have an irresistible 59 .
For example. D. this does not negate the person’s intent to steal. the coercion is such that a reasonable person in the offender's position would have committed the crime. the offender did not willingly participate in creating a situation where coercion was likely. a person is justified in the use of deadly force if s/he reasonably believes that deadly force is necessary to prevent an act that would cause immediate death or serious bodily injury to him/herself. one may respond only with force proportional to the force defended against or necessary to resist the unlawful attack. A person who commits a crime because another is exerting extreme influence or pressure upon them may have this defense. On the other hand. If a person unintentionally takes another's coat. believing that it is his/her own coat. This one constitutes a defense to criminal liability if it can be shown that. the accused person lacked the mental fault required to commit the crime in question. As a general rule. E. this thing negates the intent to steal that is required for the crime of larceny. she would have this defense to any charge of murder. even deadly force in response to 60 . takes another's coat believing that the coat belongs to a third person. Most jurisdictions allow it only when the pressure exerted is immediate and substantial. F. in order to be used as a defense against a crime. owing to it. if a woman kills a man because another person who is armed threatens to kill her if she does not. If so acting. if a person. with the intent to steal. and s/he is guilty of larceny. it must be involuntary.impulse. For example. the law provides a defense for actions that reasonably appear necessary to protect oneself from the imminent use of unlawful force. such as the threat of death or serious bodily harm.
such as the power to tax. and to regulate the mail. the taxation power includes the authority to make it a crime to fail to file an income-tax return or to understate income in a return that is filed. one must show that the idea for committing the crime originated with a law enforcement agent. it gives the federal government the authority to punish counterfeiting. to declare war. and that s/he was not predisposed to commit such a crime. The Constitution explicitly grants power to define criminal behavior. by pretending to be intoxicated in order to catch a pickpocket who has been targeting drunk individuals. to regulate interstate commerce. To prove it. The authority over mail includes the implied power to make it a crime to use the mail to defraud or to distribute obscene publications. such 61 . A person who is induced by the police to commit a crime that s/he would not have otherwise undertaken can claim this defense.deadly force. GRAMMAR PRACTICE THE GERUND AND THE INFINITIVE (Review) The Constitution gives the federal government authority over certain limited subjects. G. and felonies committed on the high seas (such as piracy) and to govern land areas in the United States devoted to federal uses. A person cannot successfully claim this defense if the police officer merely furnishes the person with a favorable opportunity to commit crime-for example. For example. One who has initiated or provoked an attack generally may not claim this kind of defense. These powers include an implied authority to define some crimes. that the agent persuaded him/ her to commit the crime. For example. treason.
The states retain broad power to make law. but of course is present when he or she is forcibly stopped and robbed. The general term for such a criminal act is theft. morals. Robbery implies the unlawful taking of money. within its own territory. Burglary once implied breaking into a dwelling at night with intent to commit a crime. The federal government may also protect itself from harm. the states have primary responsibility for defining and enforcing criminal law. however. In fact. has socalled police powers to make and enforce such laws as it deems necessary or appropriate for promoting the public health. or any other article of value from another person. personal property. Each state. safety. That is. or welfare. in its broader current definitions. the victim need not be home when a burglar enters. Constitution to the federal government or specifically denied to the states. over matters not delegated by the U. Two related legal terms thatare used in everyday speech and writing are burglary and robbery. against his or her will and by force or intimidation. the structure need not be a dwelling. entry need not be gained by breaking in. and the act can be carried out at any time. 6. Study the following words: burglary/robbery It is a crime to take another`s property without his/her consent and with the intention of depriving the person of it.as military bases and national parks. the legal term is larceny. The vast majority of all criminal prosecutions take place in state courts under state criminal codes.S. including criminal law. 62 .
however. the term designates an idle or disorderly person whose way of living makes him or her liable to arrest and detention. especially a professional gambler. for example. but “Quacks are cashing in on the AIDS epidemic. dissolute. In legal usage. quack almost always is used for a fraudulent or incompetent practitioner of medicine. But card shark refers also to an expert. card player. roaming existence. quack/charlatan Both quack and charlatan apply to a person who unscrupulously pretends to knowledge or skill he or she does not possess. One might say. Vagabond originaly implied shiftlessness or roguishness but now often connotes no more than a carefree. “Charlatans often dazzle party guests with astrological predictions”. who cheats at card games. and the Americanisms bum and hobo are sometimes used as informal substitutes for vagrant and vagabond. drifter.” vagrant/ tramp Vagrant refers to a person without a fixed home who wanders about from place to place. getting along mainly by begging. suggest an idle. though not necessarily dishonest. derelict. often 63 . or otherwise victimizes others has been called both a sharp( or sharper) and a shark. In informal American English. Bum. cheats.cardsharp/ card shark Over the years. However. Tramp. The terms cardsharp( or cardsharper) and card shark are applied interchangeably to someone. a person who swindles.
collecting money for the numbers racket. The homeless refers to a group of destitute individuals and families. The name comes from the fact that she carries her few possessions with her. 64 . 7. often recently poor or mentally ill.. .alcoholic person who lives either by begging or by doing odd jobs. Bag lady is a 1970s slang term for a homeless. Hobo is also applied to a migratory worker. or nation.. who lack the financial resources to have a home. destitute. as arson. murder. .It is punishable in accordance with these …… . for this slang term denotes a go-between in offering bribes. ….…. can be seen especially in large urban centers. usually elderly woman who wanders the streets of a city. burglary. …. The definition of crime varies according to time and place. Such a hapless man is likely to be called a bum or a drifter. or engaging in similar shady activities. but the laws of most …… consider as crimes such …. Put each of the following words and phrases into its correct place in the passage below.not a bagman. largely rejected by society. …… .. and . These people. .. bigamy countries fine misdemeanour prison community civil crimes criminal law forgery laws offences state penalty Term classes felony life imprisonment person treason Crime Crime violates the laws of a community. usually in shopping bags.
. steals purses and wallets 3. for example. a …… may wrong someone else other way that offends the …. . 8. …. takes people hostage for a ransom 10. law. steals from banks or trains 9. steals 2. define a felony as a crime that is punishable by a …… of one year or more in a state or federal …. of crime: treason.Not all offences against the law are …. The common law recognizes three …. marries illegally while being married _____ ___k______ ____k______ __ j_____ _ _ _ _ _ i_ _ _ _ __r_____ ___ g___ __b___ ___n_____ ___ v_____ b_ _ _ _ _ _ _ 65 . 1.A person who commits a …… may be punished by a …… or a jail term of less than one year.. This law defines as crimes those offences considered most harmful to the …… . kills people 7. On the other hand. seizes airplanes 5. willfully destroys property 12. takes things from shops without paying 6.. steals from houses or offices 8. Laws in the United States. and misdemeanour.The laws that set down the punishments for crimes form the …… . .. steals government secrets 11. Give the name of the defined law breaker.. gets money by threatening to disclose personal information 4. Death or …… is the usual …… for treason.
a) achieve b) commit c) make d) perform 2. “ Thieves will be …… ... He was charged with a(n) …. The man jumped out of the window and committed ….” a) liable b) lifted c) persecuted d) prosecuted 7. accident or damage by fire. a) care b) cover c) relief d) security 5.. Choose the correct answer. against the risk of burglary.. The police said there was no sign of a …. of currency regulations.9. The …. This was one of the few crimes he did not …. The police car raced down the street with the …. a) constituent b) division c) element d) portion 8. a) bandits b) guerrillas c) hijackers d) kidnappers 3. a) alarm b)bell c) gong d) siren 66 . Our insurance policy offers immediate …. .. blaring.. entry even though the house had been burgled. 1. a) death b) homicide c) murder d) suicide 6. a) broken b) burst c) forced d) smashed 9. . are still holding twelve people hostage on the plane. Police blamed a small hooligan …… in the crowd for the violence wich occurred.. a) break b) breach c) disrespect d) observance 4.
That’s …. a) crew b) gang c) staff d) team 67 . a) bereaved b) confiscated c) deprived d) extorted 11. Look. Officer. . a) catastrophe b) disaster c) demolition d) overthrow 14.. The tourist`s camera was …… because he had brought it into the country illegally. The child was kidnapped by a notorius …. a) achieve b) bring about c) carry out d) perform 13. The conspiration were plotting the ….. He was arrested for trying pass ….. The thieves …. a) blackmail b) bribery c) compensation d) reward 19. notes at the bank. a) in black and white b) in the red c) red-handed d) true blue 17. I`m as …… as a judge... I`m not drunk. a) calm b) clear c) sober d) steady 12. but I don`t think he`ll …… his threat... by the thief’s disguise. a) taken away b) taken down c) taken in d) taken up 16. of robbers. Goodheart was completely …. the papers all over the room while they were searching for the money. He offered me $ 500 to break my contract. Ms. He said he would sue us. a) broadcast b) scattered c) sowed d) strayed 15. The police caught the thief …. of the government. a) camouflaged b) counterfeit c) fake d) fraudulent 18.10. .
a deserter 4. a terrorist a) tries to enforce his political demands by carrying out or threatening acts of violence b) pretends or claims to be what he is not c) makes money by dishonest business methods.g. a fraud or con man 7. by selling worthless goods d) steals from his own company e) attacks and robs people especially in public places f) sets fire to property g) kills for political reasons or reward h) brings goods into one country from another illegally i) hunts illegally on somebody else’s land j) makes false money or documents k) a soldier who leaves the armed forces without permission l) causes damage or disturbance in public places 11. The burglar …. a) crept b) stood c) strode d) wantered 10. a racketeer 11. 1. 1. an embezzler 5. an arsonist 2. the desk in a attempt to find the secret documents. a) invaded b) kidnapped c) looted d) ransacked 68 . a smuggler 12. Match the criminal with the definition. silently into the room. a poacher 10. e. a hooligan 8... The spy …. an assasin 3. a mugger 9.20. a forger 6. Choose the right answer.
with.. by the guard dog in the palace garden. the money out of my hand and ran away. The intruder was badly ….. a) clutched b) gripped c) snatched d) withdrew 69 . his fist and threatened to hit me. Smuglers consistently …. . a) damaged b) eaten c) mauled d) violated 9.2. import regulations. The hooligan …. The burglar’s presence was betrayed by a …. a) broken b) hindered c) tampered d) touched 10. a) break b) flaunt c) float d) flout 7. a) ejected b) emitted c) expelled d) excluded 3... Thieves got away with a ….. He ….. The safe deposit box …. a high-pitched sound when it was moved. of jewellery worth thousands of pounds.. When the police examined the house they found that the lock had been …. Luckily my wallet was handed in to the police with its contents …. a) cracking b) creaking c) crunching d) groaning 6.. floorboard. a) contained b) intact c) missing d) preserved 8. a) clenched b) clutched c) grabbed d) gripped 4. a) catch b) haul c) loot d) snatch 5..
robbery with violence drug peddling espionage . Explain. Imagine you are burglars or bank robbers.spying shoplifting treason hijacking obscenity bribery and corruption petty theft 13.battering conspiracy fraud driving without due care and attention mugging . blackmail kidnapping arson trespassing manslaughter smuggling forgery bigamy baby / wife .12. define or give examples of the offences listed below. What plans must you make if you want to succeed ? 70 . There are many crimes and offences apart from the few mentioned above. Which of the above would or could involve the following ? 1 counterfeit money 2 pornography 3 hostages 4 a ransom 7 state secrets 5 heroin 8 contraband 6 a traitor 9 a store detective 14. Work in pairs or groups.
7) Toată noaptea ea a evitat să vorbească despre accident. Am insistat ca el să fie prezent acolo. 10) Ei au început să vorbească despre accident. Woe be to him whose advocate becomes his accuser. au continuat să se certe.GRAMMAR PRACTICE THE GERUND AND THE INFINITIVE (REVIEW) Translate the following sentences into English using either the Gerund or the Infinitive. Tom a început prin a ne atrage atenŃia asupra acelei probleme grave. S-a dovedit că el spusese adevărul. 11) Am încercat să o împiedicăm să vadă cadavrul. 6) Bărbatul acela a fost acuzat de furt şi de uciderea unor oameni nevinovaŃi. 2. Write a short story about something that you did badly. WRITTEN ASSIGNMENT 1. Enlarge on: Never ask pardon before you are accused. Give it a title (“The Worst…” or “The Least Successful…”). 8) PoliŃistul mi-a recomandat să nu merg cu viteză. 1) 2) 3) 4) 5) 71 . 9) Mă aştept ca el să ne fi înŃeles. Te deranjează dacă mergi la poliŃie cu mine? Ea ne-a sfătuit unde să îi căutăm. A guilty consciences needs no accuser. 12) Cu toate că ne-au văzut.
much of Latin America and 72 . which are found in many Western European countries. Criminal procedure governs the investigation of crimes. are typically contrasted with civil law systems. Legal systems based on the common law tradition. and the United States. and the sentencing of those convicted (found guilty of a crime). It also regulates the convicted person’s possible appeal for review of the trial court’s decision. 2) What is criminal procedure? READING Read the text and complete the table below: Criminal Procedure is the body of law regulating the inquiry into whether a person has violated criminal law. Afterwards compare with others. charging.UNIT 4 CRIMINAL PROCEDURE ֠ PRE-READING 1) Why do people commit crimes? In five minutes write down as many reasons for committing crimes as you can think of. such as those in England. and trial of accused criminals. the arrest. Canada.
are expected to cooperate in the investigation by answering the magistrate’s questions and supplying relevant evidence. Most countries with civil law systems use what is known as the inquisitorial system. The inquisitorial process is characterized by a continuing investigation conducted initially by police and then more extensively by an impartial examining magistrate. and parts of Asia. All parties. The case proceeds to trial only after completion of the examining phase and the resolution of factual uncertainties. and only if the examining magistrate determines that there is sufficient evidence of guilt. an adversarial approach is used to investigate and adjudicate guilt or innocence. the trial is merely the public finale of the ongoing investigation. The attorneys for the prosecution (the accuser) and defense (the accused) play a limited role in offering legal arguments and interpretations that they believe the court should give to the facts that are discovered.Africa. In a common law. The adversarial system assumes that truth – that is. Under the inquisitorial approach. This system assumes that an accurate verdict is most likely to arise from a careful and exhaustive investigation. who both investigate and adjudicate the case. The examining magistrate serves as the lead investigator – an inquisitor who directs the fact-gathering process by questioning witnesses. Critics argue that the inquisitorial system places too much unchecked power in the examining magistrate and judge. 73 . interrogating the suspect. and collecting other evidence. including the accused. an accurate verdict – is most likely to result from the open competition between the prosecution and the defense. Common law countries use what is called the adversarial system. Civil law and common law systems have entirely different approaches to criminal procedure.
is expected to present facts and interpretations of the law in a way most favorable to its interests.Primary responsibility for the presentation of evidence and legal arguments lies with the opposing parties. The judge ascertains the applicable law and jury determines the facts. The approach presumes that the accused is innocent. relevancy. The adversarial system places decision-making authority in the hands of neutral decision makers. and sufficiency of the opponent’s evidence and arguments. Through counterargument and crossexamination. not with a judge. and the burden of proving guilt rests with the prosecution. Critics of the adversarial approach argue that the pursuit of winning often overshadows the search for truth. Furthermore. inequalities between the parties in resources and in the abilities of the attorneys may distort the outcome of the adversarial contest. Each side. each side is expected to test the truthfulness. Investigation Role played (conducted by by) attorneys Phases (steps) System Countries Drawbacks 74 . acting in its self-interest.
law. intended to find out why something happened b) to disobey or do something against an official agreement. in the form of serious of meetings. or dealing with a problem d) fair e) extremely thorough f) an official who is asking lots of difficult questions g) information given in a court of law in order to prove that someone is guilty h) solution i) legally determine/decide who is right in an argument between two groups j) the fact of being not guilty of a crime k) the duty to prove something l) giving true facts about something m) being directly connected with the subject or problem being discussed or considered n) the act of trying to achieve something in a determined way o) to explain a fact or statement in a way that changes its real meaning p) final result 75 .☺ VOCABULARY PRACTICE 1) Find words in the text which could be replaced by: a) an official process. principle c) a method of doing something.
Federal Criminal Procedure . The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure. Thus. the shared heritage of the English common law provides significant (A3) in the basic structure of the process. meaning that power is divided between a (A1) authority and many state or local authorities. Federal procedure is (A4). The Fourth Amendment protects citizens from unreasonable (A5) and seizures and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). Ask your colleague questions and fill in the gaps. separate (A2) procedures exist for military courts and for federal territories. Text for student A The United States has a federal system. especially those contained in the Bill of Rights (the first ten amendments to the Constitution).S. Furthermore.2) Pair Work. Constitution. The Fifth 76 . In addition. The procedures adopted by each state and federal government vary. However. there are 51 different sets of criminal procedural law in the United States – that of the federal government and one for each of the 50 states.A person prosecuted in the federal courts on charge of violating a federal criminal law is subject to federal criminal procedure. first of all. by certain provisions of the U.
The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U. rules. which means basic standards of (A6) and equity. State constitutions generally (A10) a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Under the Sixth Amendment.S. excessive fines.Amendment requires that government procedures adhere to due process of law. portions of the U. a (A7) is guaranteed a speedy and public jury trial during which the defendant will get notice of the charges he or she faces and may call witnesses and face his or her accusers. State criminal procedure is found in the (A9).S. and cruel and unusual punishments. and judicial decisions of that state. Constitution are applicable to state criminal defendants. statutes. State Criminal Procedure – A person prosecuted in the courts of a particular state on charge of violating the criminal laws of that state is subject to state criminal procedure. Some states have provisions that vary from federal constitutional requirements. 77 . Furthermore. Constitution. The Eighth Amendment prohibits excessive (A8).
a defendant is guaranteed a speedy and public jury trial during which the 78 . which means basic standards of fairness and (B6).S. The Fifth Amendment requires that government procedures adhere to due process of law. the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure. there are 51 different sets of criminal procedural law in the United States – that of the federal government and one for each of the 50 states. Thus. Under the Sixth Amendment. by certain (B4) of the U. Furthermore.A person prosecuted in the federal courts on charge of violating a federal criminal law is subject to federal criminal procedure. the shared heritage of the English common law provides significant similarities in the basic structure of the (B3). first of all. The procedures adopted by each state and federal government vary. separate criminal procedures exist for military (B2) and for federal territories. Federal Criminal Procedure . Federal procedure is governed. Constitution. In addition. The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. However.Text for student B The United States has a federal system. The Fourth Amendment protects citizens from unreasonable searches and (B5) and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). especially those contained in the Bill of Rights (the first ten amendments to the Constitution). meaning that power is divided between a central authority and many state or (B1) authorities.
The Eighth Amendment prohibits excessive bail. Furthermore. State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights.S.S. portions of the U. match the actions with their corresponding paragraph. rules.defendant will get notice of the (B7) he or she faces and may call witnesses and face his or her accusers. State Criminal Procedure – A person prosecuted in the courts of a particular state on charge of violating the criminal laws of that state is subject to state criminal procedure. Constitution. State criminal procedure is found in the constitution. Some states have provisions that vary from federal (B10) requirements. and cruel and unusual punishments. and (B9) decisions of that state. excessive (B8). The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U. statutes. 3) Read about Pretrial events. Constitution are applicable to state criminal defendants. then sort out the correct order in which they would normally occur by placing them in the grid: Arraignment on the Preparation Investigation Indictment for Trial and Arrest or Information Preliminary Hearing or Indictment First Judicial Appearance Bail Booking 79 .
If the accused is indigent (poor) and desires the assistance of an appointed attorney. A. These proceedings are designed to review the government's decision to prosecute in order to prevent governmental abuse of power. the accused must be taken before a magistrate and informed of the charge. Even before a suspect is arrested. the presiding judge or grand jury finds there is probable cause to believe the accused committed the offense. in fact.___ A neutral body-either a group of citizens or a judgereviews the case against the accused and decides whether he or she should be tried. legal proceedings against the accused continue. a series of events takes place leading up to either release. the process for securing an attorney at the state's expense will be initiated (known as public defenders in some jurisdictions. The magistrate will ascertain that the person before the court is. to defend those who cannot afford a private attorney). after hearing the evidence. the charges are dismissed and the accused is released.___ Within a reasonable time after the arrest. the individual referred to in the complaint (an initial charging document). The magistrate also will notify the accused of various legal rights. If. If the prosecution's evidence is found insufficient. After an arrest is made. certain procedural rules govern the activities of the police and the rights of the suspect. the person can be rearrested and recharged if the prosecutors develop or find further evidence supporting the charge. such as the right to remain silent and the right to assistance of counsel.The rules of criminal procedure affect many actions prior to the formal trial of the defendant. or a trial to determine the accused person’s guilt or innocence. If the grand jury finds 80 . All of these events are governed by the rules of criminal procedure. However. a guilty plea. B.
The accused person's promise to return for trial is secured by some form of collateral. The system attempts to balance the due process rights of the accused with the state's need to ensure that a person accused of a crime will return for trial. that the accused forfeits if he or she does not show up for trial.___ refers to the security that the accused gives to the court to guarantee his or her appearance at subsequent judicial proceedings. The defendant may ask for a postponement if more time is needed. D. C. Prior to the trial. the prosecutor is required to turn over to the defendant information favorable to him or her on issues that will be tried. A change of venue is common when a fair trial in the district would be impossible due to pretrial publicity or public hostility to the defendant.a formal document containing a plain statement of the facts constituting the offense charged.___ The defendant is entitled to a speedy trial. a move of the trial to a court in another locality. E. A copy of the accusation is given to the defendant before s/he is called. the accused is referred to as the defendant. Once the formal accusation has been issued. it issues an indictment . The indictment or information replaces the complaint as the formal charging document in the case. although not so speedy as to deny sufficient time to prepare an adequate defense. he or she may file a motion asking the court for a change of venue—that is. such as money or property (fixed by the judge or magistrate).sufficient evidence to justify a trial on the crime charged. ___ is the process of taking a person into custody for the purpose of charging that person with a crime.(the first step in a 81 . Although the defendant is entitled to be tried in the county or district where the crime was committed.
F. or that a crime has been committed and there is probable cause for believing the accused committed it. Arizona. the police must inform him or her of certain legal rights.criminal prosecution). If the defendant pleads guilty. With the court's permission. If the defendant does not make such motion or if the court denies the motion.___ is the clerical process by which an administrative record 82 . including the right to remain silent and the right to have an attorney present during questioning. there is no trial and the case is set for sentencing. known as a motion. or nolo contendere (no contest). guilty. The defendant is called upon to answer the charge by pleading not guilty. for example. the defendant must enter a plea. A judge can dismiss the charges if. he or she concludes that the grand jury was not properly assembled or determines that the conduct charged does not constitute a crime. These Miranda warnings are named after the 1966 Supreme Court case. asking the court to dismiss the case. For certain crimes. a summons (formal document notifying a person that he or she is required to appear in court to answer a charge) may be used in place of an arrest.___ At this procedure. the defendant may be allowed to plead nolo contendere. Miranda v. Before questioning a suspect in custody. in which the Court declared the necessity of such a procedure. G. taking place in the court in which the defendant will be tried. This plea has the same consequences as entering a guilty plea. the defendant may file a formal document. A judge may issue a warrant if either a police officer or a private person swears under oath that the accused has committed a crime. It can be made with or without a warrant. but it does not require the defendant to admit guilt. Before pleading. the indictment or information is read.
the time and place of arrest. Questioning is designed to break down the story or to discredit the witness in the eyes of the jury. f) Direct Examination by Defense – each defense witness is questioned. Other evidence (e. physical evidence) in favor of the plaintiff or prosecution is presented. photographing. the judge can end the case by granting the defendant’s motion to dismiss (in civil cases) or by entering a directed verdict (in criminal cases). 4) Read the explanation of the steps in either a criminal or civil trial.is made of the arrest. d) Cross Examination by Defense – the defense has the opportunity to question each witness. documents. fingerprinting.g. c) Direct Examination by Plaintiff or Prosecutor – each witness for the plaintiff is questioned. e) Motions – if the prosecution’s or plaintiff’s basic case has not been established from the evidence introduced. The name and address of the person arrested (sometimes referred to as the arrestee). This process can also involve searching. 83 . and testing the arrestee for drugs and alcohol.. a) Opening Statement by Plaintiff or Prosecutor – plaintiff’s attorney (in civil cases) or prosecutor (in criminal cases) explains to the trier of fact the evidence to be presented as proof of the allegations (unproven statements) in the complaint or indictment. b) Opening Statement by Defense – defendant’s attorney explains evidence to be presented to deny the allegations made by the plaintiff or prosecutor. and the arrest charge are entered in the police log. the name of the arresting officer.
Prejudicial errors include errors in the judge’s rulings on the admissibility of evidence or instructions to the jury. a) After a guilty verdict is issued. or prosecutor. judge.g) Cross Examination by Plaintiff – each defense witness is cross-examined. The defendant may also move for a new trial based on the argument that the evidence was not sufficient to support the jury’s guilty verdict. it is said to be a hung jury. If jury cannot reach a unanimous decision. or some misconduct by the jury. k) Jury Instructions – judge instructs jury as to the law that applies in the case. states how the evidence has satisfied the elements of the charge. a unanimous decision is required one way or the other. then provide titles. the convicted defendant may make a motion for a new trial on the premise that a mistake prejudicial (harmful) to the defendant was made at the trial. A motion 84 . l) Verdict – in most states. but generally before sentencing. The defense asks for a finding of not guilty (in criminal cases) or for the defendant (in civil cases). i) Closing Statement by Defense – same as closing statement by prosecution/plaintiff. h) Closing Statement by Plaintiff – prosecutor or plaintiff’s attorney reviews all the evidence presented (noting uncontradicted facts). and asks for a finding of guilty (in criminal cases) or for the plaintiff (in civil cases). and the case may be tried again. 5) Read the texts. j) Rebuttal Argument – prosecutor or plaintiff has the right to make additional closing arguments.
had it been available at the trial. In a few states. restitution. b) Once guilt has been determined. either by verdict following a trial or by the entry of a guilty plea. the jury fixes the sentence. however. the judge sentences the offender to a term that falls within a narrow range prescribed by the legislature. If the trial judge grants the motion for a new trial. a determinate sentence imposes a fixed term of incarceration with no early release through parole. probation. the judge has discretion to set the sentence at a maximum and minimum term within a broad range permitted by law. Parole authorities then determine the actual release date within those limits depending on the prisoner'’ behavior and progress toward rehabilitation. forfeiture (loss of property). In contrast. or a combination of these. and 85 . For certain very serious offenses. Available sentences include fine. the convicted offender may be sentenced to death.for a new trial on the basis of newly discovered evidence that. the defendant must be sentenced. there is generally a time limit on this. might have resulted in an acquittal may be made after the defendant has been sentenced. the conviction is set aside and the defendant may be tried again by a new jury. which must be within the statutory limits set by the legislature for the crime in question. The sentencing options available to the judge are often defined by the legislature. the defendant will be sentenced. the trial judge imposes the sentence. In jurisdictions that use presumptive sentencing. Generally. If the motion is denied. some form of incarceration or deprivation of liberty. In jurisdictions that use indeterminate sentencing.
the parole authorities may revoke parole. Legislators often spell out in detail the factors that justify a judge’s departure from the presumptive sentence. a defendant sentenced to prison may be eligible for release on parole after a portion of the sentence has been served. c) Judges often have the option to place a convicted offender on probation. If parole is granted. the person on parole (known as the parolee) remains under the supervision of a parole officer until the expiration of the sentence or a term otherwise specified by law. a judge may permit a departure from this presumptive sentence – either an increase or decrease in the length of the term – if specific justification is shown. d) In many jurisdictions. If the parolee violates the conditions of parole. returning the parolee to prison for the remainder of the unexpired sentence. probation can be revoked and the offender can be incarcerated. If the offender violates the conditions of probation. The possibility of parole does not exist for some serious criminal offenders. One condition of probation is supervision by a probation officer. Probation means the offender will remain in the community (rather than be sent to jail) subject to certain conditions prescribed by statute or by the judge. 86 . Parole authorities grant parole based on factors such as the prisoner’s behavior while in jail and the predicted potential for the prisoner to refrain from further criminal activity. Some states have enacted statutes that provide for long and often mandatory terms of imprisonment upon proof that the defendant has a prior record of criminal activity. However.offenders are expected to serve this term.
the United States has engaged in the largest 87 . In such a situation a new trial based on the unconstitutional statute is not permitted. If the appellate court finds no error or deems any errors harmless – that is. however. Sometimes.E) and then match each text with the corresponding headline: The Effects of Incarceration. Imprisonment Is Not Effective. Jail & Prison Conditions. Since 1980. the appellate court would nullify the conviction. and the defendant would go free.D. not substantial and not prejudicial to the interests of the defendant – it affirms the conviction. as where the trial court erred in its rulings on the admissibility of evidence or in its instructions to the jury on the law to be applied. the appellate court usually remands (returns) the case for a new trial.B. The appellate court will review all or part of the written record of what transpired at the trial to determine whether any error prejudicial to the defendant was made. Restraining Violent Criminals. 6) Read the texts below (marked A.e) A convicted criminal may appeal his or her conviction and sentence to a higher court. the error is of a type that leads to a reversal of conviction and the release of the defendant. known as an appellate court. If any such error occurred. Sentencing. A. For example.C. if the trial court incorrectly refused to declare unconstitutional the statute on which the prosecution was based.
About 50 million criminal records enough to cover nearly one-fifth of the entire U. some criminologists have argued that the overuse of the penal system for so many small-time offenders has actually created more crime than it has prevented. In fact. population . For some minority groups. 88 . Imagine the effects of spending even a night in the bizarre and violent sub-culture of most jails.5 million.S. Anyone who has been handcuffed by police knows how deeply humiliating the experience can be. Hundreds of billions of dollars have poured from taxpayers' checking accounts into penal institutions and the businesses that service them. Each person booked is fingerprinted and photographed for their criminal record .are stuffed into police files. During this time the number of Americans in prison and jail has tripled to 1. Sexual assaults are frequent and usually go unpunished.and most frenetic correctional buildup of any country in the history of the world. B. As ever more young men and women are socialized to the cell blocks and then are returned to the streets. the violent subculture of the correctional facility increasingly acts as a vector for crime in our communities. The increase in the prison population did not reduce crime nor did it make Americans feel safer. the rate of incarceration has increased tenfold. One would think the extraordinary expansion of the criminal justice system would have made at least a small dent in the crime rate. but they also contribute to crime by transferring their violent subculture to our community once inmates are released. Prisons and jails thus have a dual effect: they protect society from criminals.
In 1992. For those concerned with public safety as well as vengeance. We all want inmates to feel the sting of punishment and loss of freedom. Not surprisingly.727 nonviolent first-time drug offenders for an average time served of 6 1/2 years. Some offenders get off lightly for serious crimes while others pay too great a price for lesser offenses. federal prisons held about 1. and they are partially right. That same year. those who really do go to prison in this country today are almost without exception the worst of the worst predatory career criminals. More than nine out of ten inmates currently in prison will be released at some point. Many Americans believe convicted criminals get off easy. including only a small fraction of all violent offenders. Not only are their official criminal records punctuated by many different types of serious crimes. E. federal prisons held 12.800 people convicted of murder for an average time served of 4 1/2 years. D. No other nation treats people who commit nonviolent crimes as harshly as the United States. the issue of jail and prison conditions becomes more complicated. therefore. A vivid illustration of this phenomenon can be seen by comparing the time served of murderers to first-time drug offenders in the federal system. it does not serve public safety to so frustrate inmates that they return to the streets embittered and angry. On the other hand. Jail and prison conditions exert a significant influence on whether an inmate becomes productive upon release or resumes criminal behavior. 89 .C. The justice system imprisons only a small fraction of all offenders.
four. The affair started in 1949 and was finally closed in 1966. At the moment. of the crimes. Evans. John Christie was the police’s chief 11… and they started a nationwide 12… for him. but in private it was said that he 18… to that crime. six. but no attention was paid to him. 7) Below you see the story of an extraordinary case in British legal history. but a short time later one of the charges was 3… and he was 4… for the murder of his daughter only. more women’s bodies were discovered in Christie’s house: two. He was 2… with the double murder. five. The 6… found Evans 7… and he was 8… to death. An 9… was turned down and he was 10… in 1950. and unpunished. Use the words below to complete it. He was soon 13…. unprosecuted. During the 5…Evans accused the man whose house he had been living in. His 19… of 90 . Alleged 14… by Christie while he was in 15… cast doubt on the Evans hanging. Some time later. Christie 17 … that he had murdered Mrs. When he went to 16… .they commit tremendous numbers of violent and other crimes that go wholly undetected. three. trial convicted arrested pardon suspect Confessed enquiry (2) Innocent Judges Tried court sentenced charged plea executed custody jury appeal apprehend statements guilty executio n dropped hunt denied The story began when a man called Timothy Evans was 1… for the murder of his wife and baby. there are a number of gaps in the story. John Christie.
that is. the word also commonly refers to someone who has been found guilty. A person who is confined in prison following conviction of a crime might be called a prisoner. or penitenciary. This time it was decided that Evans had probably been 25… and he was given a free 26… . 8) Study the following words: alibi/excuse As a legal term. prison. alibi has to do with a plea made by the defense to prove that the accused was somewhere other than at the scene of the crime and therefore could not have committed it. or legaly convicted. Although a culprit can be a person only accused of or charged with the commission of a crime. the person might be referred to by the legal term felon. as a result of that conviction. The 23… decided that justice had been done and Evans had been rightly hanged. as 91 . alibi is simply another word for excuse. as they say. It was only in 1966 that another 24… was set up. Better later than never. A convict is a person who not only has been guilty of a crime but. Soon afterwards there was an 21… into the 22… of Timothy Evans. of a crime. If the crime is serious enough to be classified as a felony. In informal usage. however.insanity with regard to other murders was rejected and he was 20… of killing his wife. a reason given for some action or behavior ( as in “What`s your alibi for being late?”). is serving a sentence in a jail. criminal/felon A criminal or offender is a person guilty.
it may be committed without criminal intent and without criminal consequences. it may seem odd to title a film Crimes and Misdemeanors. and conviction of. Vice President. such as breaking a municipal ordinance. such as murder. or even death. Because a misdemeanor is a crime. as Woody Allen did. having been accused of a crime. as in the lawful execution of a judicial 92 . Although homicide is a necessary ingredient in both murder and manslaughter. rape. But Black`s Law Dictionary offers an explanation:” Crime`and`misdemeanor. is held in custody or released on bail while on or awaiting trial. or kidnapping. the U. bribery.” homicide/ murder The kiling of one human being by another is homicide.” In archaic usage. section 4) provides for the removal from office of the President. though in common usage `crime` is made to denote such offenses as are of a more serious nature. it is not necessarily a crime in itself. for which the penalty is usually a fine. A felony is a major crime.`properly speaking.S. Constitution ( article II. arson. treason. or other high crimes and misdemeanors. and all civil officers “ on impeachment for.might someone who. That is. are synonymous terms. A misdemeanor is a less serious crime. or both. a jail sentence of less than a year. robbery. for which the usual penalty is more than a year`s imprisonment in a penitentiary. with or without a fine. felony/ misdemeanor A crime is an act either committed in violation of a law prohibiting it or omitted in violation of a law ordering it.
by lying in wait for the victim. “the term`homicide` is neutral. Manslaughter is also the unlawful killing of another. 93 . and sheriffs` offices usually administer country jails. either expressed or implied. but without malice aforethought. while it describes the act. Both murder and manslaughter. In most states. a person faces the charge of murder in the first degree (or first-degree murder) if he or she kills another unlawfully and maliciously or with premeditation.sentence.defense when one`s life is endangered. in which the victim is likely to be a politically important person. According to Black`s Law Dictionary. This kind of murder is committed by surprise attack. rape. however. mayhem. jail/prison A jail is typically a building. voluntary( resulting from a sudden quarrel or heat of passion)and involuntary( resulting from the failure to exercise due caution or circumspection in the performance of a lawful act. are crimes. usually for payment or from zealous belief. with atrocity or cruelty ( as by poison. or torture). or burglary. in self. though it may be a lockup inside a police station. There are two kinds of manslaughter. Local police departaments usually administer city jails. or while committing or attempting to commit a serious felony such as arson. so as to safeguard humanlife or from the commission of an unlawful but not felonious act). or as the only way to arrest an escaping felon. it pronounces no judgment on its moral or legal quality”. All other kinds of murder are considered murder in the second degree( or second-degree murder). robbery. Still another unlawful killing is assassination. for the confinement of those who are awaiting trial or who have been convicted of minor offenses ( misdemeanors). starvation.
9) Match the list of criminals in column A with the descriptions in column B. This now seems to be resolved with a typically British compromise. jail the central and Parisian Old French jaiole. Gaol represents Norman French. A person who kills an important 94 . In the I7th century there seems to have been some controversy as to which was the correct form. The Americans just use jail. B A person who steals things from a shop A person who breaks into houses to steal things. Another type of penal institution( the generic term for all places of confinement for those adjudged guilty of a crime) is a reformatory. the word is always pronounced jail but is spelt gaol in official use. these words being used interchangeably. gaiole. geole( modern French geole). where juveniles convicted of lesser offenses are sent for training and discipline intended to reform rather than punish them.People convicted of major crimes( felonies) are likely to be confined in a prison or penitentiary. c. one quotation in OED reads. The Norman French version would have been pronounced with a hard g. or house of correction. as in <goat>. gayolle. In literary use either spelling may be used. b. Gaol and jail came into Middle English at more or less the same time from two French dialects. or gaole. `they cannot come to a Resolution … whether they shall say Jayl or Gaol`. A 1) 2) 3) an assassin a blackmailer a shoplifter a. A penitentiary for women is sometimes called a reformatory as well.
j. Two students are the “suspects”. This means they have to invent and be prepared to describe a situation 95 . A person who commits violent acts for political purposes. e. possibly for political reasons. Number each crime according to how serious you think it is.4) 5) 6) 7) 8) 9) a hijacker a robber a burglar a terrorist a pickpocket a rapist d. f. A person who takes control of a plane by force. A person who takes money from a bank (or another person) A person who keeps someone prisoner until they are given money. Put number 1 for the most serious and number 10 for the least serious. g. h. A person who steals money from people’s bags or pockets. A person who demands money from a person about whom they have secret information. Afterwards compare with your neighbors. 10) a kidnapper person. i. They are sent outside and instructed to prepare an “alibi” for one another. A man who attacks a woman for sexual purposes. shoplifting rape Tax evasion vandalism smoking hashish drunken driving assault (physically attacking someone ) armed robbery selling hard drugs murder 10) Select a scene and time for a crime.
Then the second. the first suspect is called in and asked questions about his/her movements and actions during the crucial time..during the period of the crime. they are “innocent”. 3. was broken up by the police. they are “guilty”. The policeman asked the suspect to make a(n) …. 1. between the four murders. The unruly …. 96 .. in which they were in each other’s company and can therefore vouch for each other’s innocence. The police have …. 4. If they do in fact corroborate each other’s stories. a) communication b) connection c) join d) joint The detective stood …. a) immovable b) lifeless c) motionless d) static 5. behind the door waiting for the assailant. After ten minutes of preparation. but if there are inconsistencies and contradictions. a) collection b) congregation c) group d) mob Prince Andrew was found dead in his palace this morning. b) declaration c) deposition d) statement a) account 2. a) discounted b) neglected c) omitted d) overlooked The chief of police said that he saw no …. .any suggestion of foul play... 11) Choose the right answer.. Meanwhile the “suspects” prepare their story to try to anticipate questions and give exactly corresponding versions of their alibi.
. a) device 9. The police asked if I thought I could …. The inspector was a very …. a) attentive b) complete c) thorough d) thoughtful 12. The police are …. man and he rechecked the evidence several times. when he saw a light in the office. 6. to catch the thieves.. a) battened b) cordoned c) fastened d) shuttered 8.. if you tell us who the murderer is. The police who were …. The police set a ….. the town for the stolen car. a) bewildered b) confused c) merged d) puzzled The police ….. the man who stole my car if I looked at some photos. a) enquiring b) investigating ) researching d) seeking 13. a) combing b) investigating c) looking d) seeking 97 . off the street where the bomb had gone off. the names had been given by the witness. The policeman was …. a) anonymity b) identification c) identity d) personality 14..The police arrested the wrong man mainly because they …. a) deductive b) disturbing c) suggestive d) suspicious 11. the crime could find no clues at all. We promise not to reveal your …. a) certify b) identify c) justify d) verify 10. b) plan c) snare d) trap 7....
. for the murder. a) compel b) enforce c) force d) press 21.. their attention to the events that led up to the accident.15. I was informed by the police constable that he would be forced to take me into …. in their examination of the murder site. The police have not yet found a possible …. a) entry b) invasion c) raid d) storm 19... . he was immediately a suspect. It is the responsibility of the police to …. the laws. a) observers b) onlookers c) spectators d) witnesses 22. a) control b) handling c) ownership d) possession 18.... on the disco. a) completed b) confined c) confirmed d) contained 17. a) confinement b) custody c) detection d) guardianship 20. not to take it into their own hands. The police was …. of a gun. As the result of the police …. a) concentrated b) exhausting c) intense d) thorough 98 . . The police …. After the accident the policeman asked if there had been any ….. ten people were arrested. a) example b) motive c) principle d) understanding 16. As he was caught in ….
.23. a) away b) clear c) free d) out 24. Match each punishment with its description. The police made sure everyone stood well …. 1) capital punishment 2) corporal punishment a) a period of time in jail b) being made to do specially hard work while in prison c) death d) a punishment imposed only if you commit a further crime e) a large sum of money to pay f) whipping or beating g) regular meetings with a social worker h) removing (a person) from a house or land by law i) limiting the freedom of movement especially for political reasons 3) eviction 4) a heavy fine 5) internment 6) penal servitude 7) a prison sentence 8) probation 9) solitary confinement 99 .. a) affective b) effective c) efficient d) ineffective 12. Why don’t the police take …. of the fire. measures against crime.
. with the members of any gang. the judge put the young offender …. the sentence. Tipsy was …… twenty pounds for drinking and driving. 1) The community was angered by the …… punishment given their friend. a) against b) for c) out d) to 3) Mr.10) a suspended sentence j) being imprisoned completely alone 13. sentence. a) august b) austere c) severe d) vigorous 2) Those acting for the defendant propose to appeal ….. a) to assign b) to assimilate c) to associate d) to assume 100 . a) charged b) fined c) ordered d) penalized 4) The ringleader was lucky to get …… a suspended sentence. Choose the right answer. for two years. a) in charge b) in control c) on probation d) on trial 6) Despite the seriousness of his crime he only received a …. a) away b) off with c) through d) through to 5) After considering the case... a) light b) little c) small d) soft 7) The young offenders were warned never ….
... a) pipe b) pass c) subway d) tunnel 14) He was thrown into prison and ….. a) confiscated b) denied c) deprived d) removed 101 . .. before the guards discovered it.8) As it was her first offence.. a) bid b) debated c) disputed d) pleaded 10) The accused man was able to prove his innocence at the trial and was …. a) penance b) pity c) remorse d) reproach 12) His sentence has been commuted to five months on the …. the judge gave her a …. for his crimes.. of failing health. a) bases b) causes c) grounds d) reasons 13) The prisoners had spent almost a month digging a …. for her husband’s life when he was found guilty of murder. a) kind b) lenient c) severe d) tolerant 9) The woman …. a) absolved b) acquitted c) forgiven d) pardoned 11) Jack the Ripper was a hardened criminal without a scrap of …. sentence. of his property.
the defendant by a verdict of not guilty.14. prepares a panel. …. to be paid. including …. Then …. by jury. or large initial …. If the verdict is ….. or punishment.. Put each of the following words and phrases into its correct place in the passage below. and decides the facts... and the …. and must determine the amount of …. the judge imposes the …. accused court judge legislature panel trial acquit cross-examination Jurors List sentence witnesses civil suits fault jury money swear counsel guilty legal disputes officer testimony Trial by Jury A jury is a selected group of laymen that hears the …. given by witnesses for both sides. are selected by lot from this ….. A courtroom trial in wich a ….. of qualified jurors. 102 .. is guilty “ beyond a reasonable doubt “. explains the applicable law in his instructions to the jury. Before the trial begins. a jury commissioner or another public ….. decides the facts is called a …. and then either return a verdict of guilty. for each side sum up. the jurors …. term. For each trial.. In criminal cases...... the jury must decide who is at …. or summarize the case... They hear the ….... in …. to decide the facts fairly. or ….. .. In …. the jury must decide whether or not the ….. within limits that have been fixed by the …. Before each …. for financial damages..
. a) agreed b) confessed d c) corroborated 103 ... criminal. he had to …. to lying.. . the statements made by the accused man. .15. a) discharge b) ejection c) eviction d) expulsion 8) The witness ….... there will be a public …. a) deep b) long c) straight d) wide 4) When the detectives finally trapped him. a) convicts b) delinquents c) sinners d) villains of 6) The murdered proved to be an apparently well-behaved …. c) unoffending a) inoffensive b) offensive 7) He found some squatters living in his house so he asked the court for a speedy ….. Choose the right answer. a) attack b) onslaught c) outcry d) recrimination 3) It is often difficult for ex-convicts to keep to the …. 1) There is no doubt about the outcome of the trial. . middle-aged woman. a) recourse b) resort c) resource d) retort 5) The judge recommended more humane forms punishment for juvenile …. The man is a …. a) self-centred b) self-confessed c) self-conscious d) self-contained 2) If the terrorists are not sent to prison. and narrow.
. of court.. a) assessment b) conclusion c) interpretation d) verdict 15) Ms Stickyfinger was charged with …. verdict.. a) accused b) cited c) nominated d) quoted 10) The whole story was a …. the funds of the organization. the normal restrictions on visits and let her see him. the Jury came to a(n) …... a) unambiguous b) unanimous c) undivided d) united 14) It was a reasonable …. The first one has been done for you. a) child b) progeny c) protege d) ward 13) After considering the evidence for a few hours.. a) abandoned b) lifted c) relinquished d) surrendered 12) The baby at the centre of the controversy has been made a …. of her imagination. Suggest a correct or better alternative for each mistake in Parts A and B.. The mistakes in these sentences have been underlined for you.9) A prominent local figure was …. a) fabrication b) fantasy c) figment d) figure 11) As she was the murderer’s mother. a) misappropriating b) mislaying c) mistaking d) misplacing 16. as co-respondent in a divorce case. 104 . to draw in the light of the evidence. the judge ….
8 The most famous criminals used to be held on Alcatraz.Part A The affair remains unsolved 1 Stealing banks is on the increase. 5 The police examined the suspect for ten hours. 4 Many people have bought false Dali paintings. 6 There are austere penalties for dangerous driving. 2 We must be sure he receives a fair process. 9 Everyone agrees the judge’s decision was exact. 10 How can you test this man is guilty ? 11 Can you acknowledge the person in this photo ? ______case____ 1 ______________ 2 ______________ 3 ______________ 4 ______________ 5 ______________ 6 ______________ 7 ______________ 8 ______________ 9 ______________ 10 ______________ 11 ______________ 105 . 3 They found the corps in the garden. 7 The little boy was able to make us a good description.
12 ______________ 13 ______________ 14 ______________ 15 ______________ 16 ______________ 17 ______________ 18 ______________ 19 ______________ 20 ______________ 1 _____________ 2 _____________ 106 . 19 The sentence was “ Not Guilty ”. 17 The police have been remarking his movements. Part B 1 The gang specialized in robbing bikes and selling them. 14 The police searched the missing boy for ten days. 2 I dialed a false number.12 His strange behaviour raised my suspicions 13 She refuses all knowledge of what happened. 18 He has evaded from prison several times. 20 Murderers aren’t often hung these days. 15 Will this proof stand up in court? 16 Some young people disappear without track.
14 These new credit cards are easy to imitate. 12 I was sued and had to pay damage of 500. 10 There’s a big police chase for the criminals. 11 He was convicted to death. 9 The murdered chocked his victim with a stocking . 15 A lie is intended to cheat someone. 8 She was held stealing goods at a department store. 7 I’m going to conduct my own apology. 4 You can’t do an accusation without proof. 13 We have a list of missing peoples. 5 It will be two weeks before the injury heals. 6 She received a life verdict for murder. 16 When does the murder try begin? 3 _____________ 4 _____________ 5 _______________ 6 _______________ 7 _______________ 8 _______________ 9 _______________ 10 _______________ 11 _______________ £ 12 _______________ 13 _______________ 14 _______________ 15 _______________ 16 _______________ 107 .3 I saw a suspected person outside the shop.
pull them over b. hold in b. To steal money from a bank by using force is a ___. 19 Someone has roused the alarm. 1. hold down c. do over 4. do without c. put one over 108 . To steal or take something without asking is to ___. run off with b.17 Laws are done to be broken. To hurt someone badly by hitting or kicking is to ___. Choose the right answer. break in 2. a. break out b. 17 _______________ 18 _______________ 19 _______________ GRAMMAR PRACTICE PHRASAL VERBS 1. a. a. break down c.beat them up c. a. hold up 3. To get into a building or car using force is to ___. 18 The innocents were punished along with the guilty.
beat it up b. To kill someone in informal English is to ___ with them. make off with c. a. turn them in c. blow them up 9. blow it up c. To not punish someone for their crime is to ___. To put someone in prison is to ___. stay 6. lock them up b. give them over b. knock it over 7. do away b. turn them down 8. a. get away with b. To destroy something with a bomb is to ___.5. a. have away c. do them in c. a. turn them over b. put them away 10. To take a criminal to the police is to ___. pick through 109 . let them off c. To succeed in not being punished for a crime is to ___ it a. a.
16. The police have pulled ______ a suspect for questioning. The thieves broke ______ my car and took my radio. 9.2. 6. He was turned ______ to the police by his best friend. 3. 11. 110 . 18. The police are rounding ______ the usual suspects. The car was blown ______ by terrorists. We need more police. 17. 2. She thinks that people who harm children should be locked ______ for life. He was informed ______ by one of his neighbours and the police came to arrest him. I'd lock them ______ and throw away the key! 19. The gang of youths beat ______ the old man. Fill in the missing particle The bank was held ______ by three masked men. 8. I don't see why politicians who commit crimes should be let ______ so lightly. She thinks that people who harm children should be banged ______ for life. 14. He grabbed the bag from me and ran ______ it. 5. If you don't give me what I want. I think you should give yourself ______ to the police. 15. He literally got ______ murder. 4. He was bumped ______ by another gangster. I put my bag down for a moment and somebody made ______ it. 1. I'm concerned because the crime figures are going ______. 7. 13. I'll do you ______. She thinks that people who harm children should be put ______ for life. 20. 12. 10. If I had my way. He's dead.
Even a private citizen may properly make a warrantless arrest in certain limited circumstances. A summons is a formal document notifying a person that he or she (to require) to appear in court to answer a charge. 111 . For certain crimes. d) Adesea mi s-a spus să mergem acolo. A police officer may also make an arrest for any misdemeanor – minor offense – committed or attempted in the officer’s presence. A police officer may properly make an arrest without a warrant if a felony – serious crime – (to commit) or (to attempt) in the officer’s presence. b) łi s-a recomandat să pleci. or that a crime (to commit) and there is probable cause for believing the accused committed it. 2. Use the verbs in brackets in the Passive Voice: A judge may issue an arrest warrant if either a police officer or private person swears under oath that the accused has committed a crime. or if the officer reasonably believes a felony (to commit) and that the accused did it.THE PASSIVE VOICE 1. a summons may (to use) in place of an arrest. Translate into English. but such citizen’s arrests are rare. a) Prietenului meu i se pun multe întrebări acum. c) Casa aceasta a fost construită cu mulŃi ani în urmă.
j) Am auzit că ai fost rănit în accident. 112 . Enlarge on: If you steal for others. A bean in liberty is better than a comfit in prison. h) HoŃul a fost recunoscut de unul dintre copii. but it comes. 2. programul TV va fi urmărit de toŃi prietenii mei. Describe the courtroom combat step by step. g) S-a crezut că ai spus adevărul. The hole calls the thief. i) Am descoperit un document care a fost scris în secolul al XIX-lea. /Ease makes thief.00. WRITTEN ASSIGNMENT 1. you shall be hanged yourself. f) Cazul a fost deja discutat. Punishment is lame.e) La ora 8.
UNIT 5 COURTS ֠ PRE-READING DISCUSSION Before you read about the suggested topic. In courts of record the proceedings are recorded completely. courts of superior jurisdiction and courts of inferior jurisdiction. courts of first instance and appellate courts. think of your own judicial system: How is the administration of justice organized? Are there separate jurisdictions for different areas of law? What is the relationship between the different courts? What is the role and position of judges and other lawyers in our country? READING PASSAGE Courts are the branch of government established to administer the civil and criminal law. civil courts and criminal courts. Among the more usual general classifications are courts of record and courts not of record. no detailed record is made of the proceedings in 113 . They are classified in many ways.
They have jurisdiction over infractions by military personnel. 4. Maritime law infractions fall under military courts jurisdiction. For example. referred to as lower courts or courts of first instance. limited jurisdictions are known by the names of those jurisdictions. 2. respectively. Courts are classified according to their jurisdiction.courts not of record. are generally those to which appeals are made from decisions of courts of inferior jurisdiction. b) Decide if the following statements are true or false : 1. COMPREHENSION PRACTICE a) Draw a diagram illustrating the classification of courts and their role. 114 . Civil courts are also called appellate courts. Courts with special. Probate courts have supreme authority. Civil and criminal courts deal with cases arising from infractions of the civil law and the criminal law. often called higher courts or appellate courts. Courts of superior jurisdiction. 3. The judicial organs of military establishments are called military courts. probate or surrogate’s courts are tribunals dealing with the probate of wills and the disposition of estates. Admiralty courts have jurisdiction over cases arising from maritime contracts and from violations of maritime law.
5. Courts of first instance may be referred to as courts of inferior jurisdiction. their different origins and circumstances. Read the text and complete the diagram. READING AND VOCABULARY PRACTICE 1. Because they have been ruled by the same parliament for so long. especially in Scotland. the different systems have much in common. for Scotland. except in Scottish criminal matters. Appeal can be made from the magistrates’ decision to the Crown 115 . to the House of Lords in London. The Structure of the Courts: Criminal The most numerous courts in England and Wales are the magistrates’ courts. Most magistrates are lay people who sit on a bench of three with a legally qualified clerk who advises them on the law. or magistrates. Courts in the United Kingdom There are three legal systems in the United Kingdom: for England and Wales. Appeal can be made from all courts in the United Kingdom. where Justices of the Peace. However. sit. Magistrates decide the vast majority of criminal matters and a limited range of civil and administrative questions. mean that they have their own procedures and detailed law. In cities there are also stipendiary magistrates who are legally qualified and sit alone. and for Northern Ireland.
Either the defendant or the prosecution may appeal to the House of Lords in its appellate capacity. The High Court is the ancient civil court of England. most unexceptional civil disputes come to the county court. usually with two magistrates who did not hear the case in the magistrates’ court. That consists of usually one High Court judge and a Lord Justice of Appeal. This was created by Act of Parliament.Court. which means that in most areas the litigant has a choice of which court to use. The Structure of the Courts: Civil Matters Other than the limited jurisdiction of the magistrates’ court. and usually tries disputes about government decisions. which does not involve lay members of the House. where a circuit judge sits. Usually. mostly concerned with family matters. 116 . but is heard by a committee of paid Lords of Appeal in Ordinary. Chancery. except when a divisional court is convened. but it has concurrent jurisdiction with the High Court. divided into three Divisions: Queen’s Bench. one judge sits in a High Court case. and Family Division.
study the diagram. or the progression of a case if it is felt to be too complex or serious for a lower-level court.Courts in the United Kingdom ENGLAND AND WALES MOUSE OF LORDS JUDICIAL COMITTEE NORTHERN IRELAND COURT OF APPEAL CIVIL CRIMINAL DIVISION DIVISION HIGH COURT OF JUSTICE COURT OF APPEAL SCOTLAND CRIMINAL COURT OF CRIMINAL APPEAL CIVIL INNER HOUSE OF COURT OF SESSION HIGH COURT OF JUSTICIARY SHERIFF COURT (criminal matters) OUTER HOUSE OF COURT SESSION HIGH COURT CROWN COURT PRINCIPAL SHERIFF (1) (2) (3) IN BANKRUPTCY DISTRICT COURT SHERIFF COURT (civil matters) CROWN COURT COUNTY COURT (circuit judge) COUNTY COURT (district judge) COUNTY COURT DISTRICT COURT (4) MAGISTRATES COURT Arrows show either the course an appeal will follow from one court to another. and then match the definitions on the right with the terms on the left. Read the text below. No indication is given here of the levels of the different courts represented in relation to one another. 2. 117 .
Courts in the United States Courts in the United States are judicial organs of government. to controversies between states. The US Congress defines the special jurisdictions of these courts. tribunals of general original jurisdiction. as extending in law and equity to all cases arising under the Constitution and federal legislation. and foreign governments or their subjects. or its citizens. and the state courts. to admiralty and maritime cases. and the Supreme Court. established by Congress. and to controversies between the citizens of one state and citizens of another state. the courts of appeals. referred to as United States courts. comprising two principal systems: the federal courts. and the territorial courts established in the federally administered territories of the United States. 118 . the Court of International Trade. to controversies between a state. These are the Claims Court. exercising appellate jurisdiction over the district courts. including those arising from treaties with other governments. Other federal courts. to controversies to which the United States shall be a party. the Tax Court. Federal Courts The jurisdiction of the federal courts is defined in the Constitution. are called legislative courts. These courts are the district courts. Judges of constitutional courts are appointed for life by the president with the approval of the Senate. The courts established under the powers of the Constitution are known as constitutional courts.
or treaties may be brought to either the state courts or the federal courts. Cases involving the federal Constitution. federal laws. the other handling felonies and civil claims over US$ 5. however.000. except in cases in which exclusive jurisdiction has been vested in the federal courts. these courts usually have two levels. the state courts are based on the English judicial system as it existed in colonial times. but as modified by statutory enactments. in which event the case may be brought to a federal court. Courts of last resort. In some states. the character and names of the courts differ from state to state. are intermediate appellate courts which. one handling misdemeanors and civil claims under US$5. Ordinary civil cases not involving any of those elements can be brought only to the state courts. except in cases of diversity of citizenship between the parties. the same courts of original jurisdiction deal with both civil and criminal cases. the Supreme Court is a trial court. provide speedier justice for litigants by disposing of a large number of cases that otherwise would be added to the overcrowded schedules of the higher courts. Broadly speaking. like the federal courts of appeals. The state courts as a whole have general jurisdiction. 119 . In New York State. are generally called supreme courts. the highest appellate court of New York. in a number of states. the highest appellate tribunals of the states in criminal and civil cases and in law and equity. as well as of Maryland. Between the lower courts and the supreme appellate courts. is called the Court of Appeals.000.State Courts Each state in the United States has an independent system of courts operating under the constitution and laws of the state.
The Supreme Court makes final decisions regarding constitutionality and is the highest court of appeals in the country. These courts dispose of minor offences and relatively small civil actions. Constitutional courts decide the constitutionality of federal. Although this court hears cases never tried before. and the Claims Court—are legislative courts. the bulk of the work of the nine Supreme Court justices is made up of appeals from lower courts. Court System of the United States SUPREME COURT OF THE UNITED STATES COURTS OF APPEALS 12 Circuits COURTS OF APPEALS FOR THE FEDERAL CIRCUIT TAX COURT TERRITORIAL DISTRICT COURTS with Federal and Local Jurisdiction Guam Virgin Islands Northern Mariana Islands DISTRICT COURTS with Federal Jurisdiction Only 89 Districts in 50 States 1 in District of Columbia 1 in Puerto Rico CLAIMS COURT COURT OF INTERNATIONAL TRADE Most of the courts in the federal court system of the United States are constitutional courts. the exceptions—the Tax Court.The state court systems also include a number of minor courts with limited jurisdiction. 120 . state. Included in this classification are police and municipal courts in cities and larger towns and the courts presided over by justices of the peace in rural areas. the Court of International Trade. and local laws and regulations.
1. controversy 3. equity 16. litigant 14. request for money p. or defending themselves against a claim in a court of law c. tax 8. formal agreement between two or more countries or governments 3. felony 13. claim 7. 121 . enactment 9. someone who is making a claim against someone. a serious crime e. Discuss these questions about the judicial branch of the federal government and decide on the answers. a crime that is not very serious i. the right to use an official power to make legal decisions f. the legal right of belonging to a particular country g. the principle that a fair judgment must be made in a situation where the existing laws do not provide an answer o. tribunal 6. citizenship 11. the act of officially accepting a plan or decision j. a formal list of something k. a type of court that is given official authority to deal with a particular situation or problem b. to include something m. Work in groups. treaty 4. a serious argument or disagreement n. jurisdiction 2. schedule 15. misdemeanor 12. an illegal action or a crime h. approval 5. offence a. amount of money that you must pay to the government d. involve 10. making a proposal into law l.
b. b. Citizens can appeal its decision (take the same case) to lower courts.” What does this mean? a. 122 . The Supreme Court is the “Last Court of Appeal. It hears cases from individual citizens without lawyers.A. It approves or overturns decisions of lower courts and explains and interprets laws. What does the Supreme Court do? a. C. No other court has higher decision-making power. the Supreme Court b. What is the highest court of the land? a. the Presidential Tribunal SUPREME COURT COURT OF CLAIMS COURT OF CUSTOMS COURT OF CUSTOMS AND PATENT COURT OF MILITARY APPEALS 11 Circuit Courts of Appeals 94 District Courts B.
because the Constitution states that all Supreme Court justices must be men. (the nation’s capital) F. D. The Supreme Court can decide on the constitutionality of laws and Presidential Actions.C. for life 123 . b. I. Has there ever been a woman Supreme Court justice? a.D. The nine justices of the Supreme Court elect him or her. in every state capitol b. In the system of checks and balances. E. How long do Supreme Court justices serve? a. for the same length of time as senators from their states b. in Washington. The Supreme Court appoints all judges. but the Senate must approve them. Where is the Supreme Court? a. H. how does the judicial branch have power over the other two branches of government? a. Yes. No. b. G. Sandra Day O’Connor became the first woman justice in 1981. Who chooses the Chief Justice (head judge) of the Supreme Court? a. The President appoints them. The voters elect them. the President and the Cabinet b. b. Who chooses the justice of the Supreme Court? a.
because hearing appeals is its only responsibility. Yes. All courts must accept all kinds of cases. b. b. No. What do the Circuit Courts of Appeals do? a. Yes. What other kinds of courts and how many of them are there in the federal system? a. They overturn decisions of the Supreme Court. There are a Court of Claims. Yes. Are there any special federal courts? a. L. a Court of Customs. It takes only the more important cases (especially cases concerning individual rights and the constitutionality of laws or actions. a Court of Customs and Patent Appeals. Only a Constitutional Amendment could abolish it. Can the President or Congress abolish the Supreme Court? a. Must the Supreme Court hear all appeals from lower courts? a. with a two-thirds majority of both houses. b. two Executive Courts and three Legislative Courts. b. No. N.J. They hear appeals (request to hear the case again) from lower courts.) K. and a Court of Military Appeals. b. 124 . No. M. eleven Circuit Courts of Appeal and ninety-four District Courts.
1954 125 . What are the District Courts and what happens in them? a. All cases concerning state laws begin there. They serve as a guide in law making and the future decisions of all courts. There is no difference. Federal courts take only cases concerning federal law. Madison Gibbons v. Segregated schools are unconstitutional because they are unequal. b. 4. How do federal courts differ from other courts? a. They are the lowest level of federal courts. P. Integration (the bringing together of different races) is a part of education. Year 1803 1824 1832 1941 Case Marbury v. Decision The Supreme Court has the right to interpret laws and judge their constitutionality. Georgia “Poor Migrants” Brown v. Supreme Court decisions are very important to the nation because they set precedents. Only Congress can regulate interstate commerce (trade between states) No state may control Indian Lands.O. the Board of Education of Topeka. Federal cases begin there. b. It is unconstitutional for states to control or stop migration (movement) of people from one state to another. Ogden Worchester v. Here are some examples. They are state courts. Other courts hear cases about state or local law. All courts take the same kinds of cases.
Cardoza Fonseca 126 . 1963 1964 1966 1971 1973 1981 1982 Plyer v. Goldberg Decision Even in small cases. The United States government can give asylum (protection) to refugees if they have reason to fear death or mistreatment in their native countries. Illinois Miranda v. Unequal treatment based on sex violates (goes against) the Fourteenth Amendment. The police must tell an arrested person about his or her right to remain silent and to have an attorney (lawyer) present when he or she answers questions. Arizona “Women’s Rights” Roe v. the government must provide a lawyer to a defendant (person on trial) if he or she can’t afford one. Refugees no longer have to prove that their lives are in danger. Illegal (undocumented) aliens are persons under the Constitution and have the same protections under the law as citizens and residents. Doe 1987 INS v. Wainwright Escobedo v. Wade Rotsker v.Year Case Kansas Gideon v. except in the later stages of pregnancy. States cannot make abortion illegal. Congress may draft (take for military service) only men (not women) into the armed forces.
3) ___________________________________________: Oregon refuses to let a family move there from Washington because they have no home and little money. 5) ___________________________________________: Without permission. 7) ___________________________________________: The police send a man to prison for drunk driving but do not give him an attorney because he can’t afford 127 .S Army because his sister does not have to serve in the armed forces. 2) ___________________________________________: California taxes all goods from Nevada. 1) __Plyer v Doe (1982)___________________________: Texas keeps the children of illegal aliens out of its public schools. Nebraska takes land from an Indian reservation to build a state prison. 4) ___________________________________________: Arizona sends a woman to jail because she went to the doctor to abort a two-month old fetus. write the name and year of the Supreme Court case that is the precedent. 6) ___________________________________________: A young man refuses to enter the U.Read each situation and answer this question: Why would the Supreme Court disapprove of the situation? On the line.
one. 8) ___________________________________________: A public university refuses to admit a student because she is not white. 12) ___________________________________________: Congress makes the Speaker of the House the head of the armed forces even though the Constitution gives that position to the President. or if a defendant in a criminal case pleads not guilty. The Jury If the parties in a civil case can’t agree on how to settle the case on their own. After reading the text below suggest your own comprehensive questions. 5. 10) ___________________________________________: The INS sends a political refugee back to his country because he cannot prove that his government would take his life. 11) ___________________________________________: The police arrest a man and tell him to confess his crime on videotape in a room with no one else present. 9) ___________________________________________: You are the best-qualified candidate for police chief but the city won’t give you the job because you are a woman. the court will decide the dispute through a 128 .
Juries were first used hundreds of years ago in England. In either kind of trial. The jury was a factor in the events that led to the Revolutionary War. If they decide not to have a jury and to leave the fact-finding to the judge. Alternate jurors replace regular jurors who become ill. the judge makes sure the correct legal standards are followed. But the jury would have to decide whether the defendant on trial was actually the person who committed the robbery and used the gun. In federal civil cases there can be from six to twelve jurors. The group of people seated in the boxed-in area on one side of the courtroom is the petit jury or trial jury. of the benefits of trial by jury. there are usually twelve jurors and between one and six alternate jurors. the purpose of a trial is to find out whether the defendant failed to fulfill a legal duty to the plaintiff. If the parties choose to have a jury trial. If there is a jury. Constitution now guarantees the right to a jury trial to most defendants in criminal cases and to the parties in most civil cases. In a civil case. 129 . the judge tells the jury what the law governing the case is. determining the facts is the task of the petit jury. the judge would tell the jury that using an unloaded gun to rob a store is legally the same as using a gun that is loaded. The Declaration of Independence charged that King George III deprived the colonists “in many cases. In federal criminal cases. the purpose of a trial is to determine whether the defendant committed the crime charged. For example. or unable to perform their duties.trial. in a robbery case in which an unloaded gun was used. In a criminal case.” Thus. the trial is called a bench trial. disqualified. All of the jurors are required to join in the verdict unless the court excuses a juror from service during the trial or deliberations.S. the U.
3) Identifying Juror Profile: Outline the demographics. The following 7-step jury selection process facilitates that effort and provides you a crucial edge over your opponent. but are given precious little information on which to base that decision. experiences and attitudes. 130 . 4) Mapping out Voir Dire Strategy: Pin-point subject areas to explore in voir dire and design specific questions to reveal juror’s biases. outline case themes and map out Case Strategy. 5) Developing a Juror Questionnaire: Develop a Juror Questionnaire to identify the juror characteristics. GROUP WORK.6. 1) Getting educated: Read the relevant documents which summarize the evidence and arguments on both sides. 2) Brainstorming the case: Identify the main issues. attitudes and personality characteristics of those jurors who will be more/less receptive to that strategy. How can an attorney for the benefit of his/her client use jury selection? Clues: − Know the demographics. attitudes and experiences of jurors who will respond most/least favorably to your case − Know the questions to ask to identify those jurors − Educate the jurors to your arguments − Establish your power position over opposing counsel − Make intelligent strike decisions − Win your case in voir dire In jury selection you are expected to decide which jurors will most fairly judge your case. experiences.
since the reign of Edward I. 7. one of the principal weapons of the Crown was the Curia Regis (King’s Court). which initiated the gradual separation of judicial from executive and legislative governmental powers. When the Normans conquered England in 1066. not only listening to the verbal message. King John had been compelled in 1215 to sign the Magna Carta. but the nonverbal one. The process of separation continued during the reign of Edward I with the establishment of the Court of 131 . The terms of this charter of liberty established the Court of Common Pleas as a court of a fixed location to try cases initiated by commoners against other commoners. Before this victory of the Crown. which was held wherever the royal household was situated. as well. B. A. English courts have been organized on a centralized basis. however. report to counsel. in the 13th century. as an important indicator of bias and character. The following paragraphs deal with Western European Tribunals. and. Judicial supremacy was eventually won by the Crown. they imposed the Carolingian judicial system on the AngloSaxons. In the long struggle between the king and landed nobility that ensued. 7) Selecting jurors: In the courtroom. Put them in the right order. The principal judicial strongholds of the nobility were the manorial courts.6) Developing an Evaluation Sheet: Design an Evaluation Sheet by which to evaluate each juror according to his/her responses to the Juror Questionnaire.
and. the tribal courts underwent a corresponding evolution. During the development of the Germanic tribal organization into territorial states. under the control of royal officials. Bench was also invested with original jurisdiction over both civil and criminal cases and thus encroached on the jurisdiction of the Court of Common Pleas. to supplement the justice they 132 . Among the new features of this Teutonic system were a royal court. or Queen’s. Bench as the supreme appellate tribunal of the realm. initiated by Charlemagne. In fact. C. Medieval courts developed from the tribal courts of the Germanic peoples. of dispatching royal commissioners to examine the functioning of local courts and. when necessary. presided over by the king and modeled on the Roman system of courts. which handled minor matters. increasing in number and becoming differentiated. whose highest judicial authorities were the popular assemblies that met regularly throughout the year. a corps of permanent lay judges.Exchequer as a tribunal having exclusive jurisdiction over revenue cases arising out of unpaid debts to the Crown. presided over by the monarch. The Court of King’s. with power to render judgments. special lower courts. The tribal judges supervised the proceedings and executed the judgments rendered by the assemblies. the jurisdictions of all three courts overlapped and were not entirely differentiated until much later. In the 8th century the Teutonic judicial system experienced a further significant development: the practice. or Queen’s. and the establishment of the Court of King’s. D. later.
Choose the right answer.dispensed. ______ witnesses i. legal permission to search 3. 9. next week. 2. ______ charge (noun) b.. decision agreed on by everyone 1. ______ a unanimous h. bail j. ______ a trial f. and a central legal authority. 8. 1) The high court judge will pass …. courts. circuit courts. promise or give assurance 7. give evidence 10. ______ a search a. This innovation was adopted by other feudal monarchs in their struggles with the landed nobility. Match the words with their meanings on the right. In this innovation were the seeds of three later important legal developments: assize courts. the hearing of a case in court verdict 9. money paid to guarantee that someone freed from jail will return to the trial 8. who controlled the manorial. people who examine evidence to warrant decide if a trial is necessary. people who give evidence 6 ______ guarantee f. ______ jurors g. or seigniorial. ______ testify e. Write the letters on the lines. members of a jury who hear evidence and come to a verdict 4. a) justice b) punishment c) sentence d) verdict 133 . ______ grand jury c. an accusation of a crime 5.
on his movements. it is difficult to …… the two versions. a) accused b) blamed c) charged d) sued 10) His legal training enables him to put his case …… very convincingly. nor have the police placed any …. a) obstacle b) regulation c) restriction d) veto 8) You should only make serious accusations like that if they have a sound …… in fact. and John another.. you will be …… trouble. a) adjust b) coincide c) identify d) reconcile 6) The witness testified that he could bear …… what the defendant had claimed. a) down b) out c) over d) up 134 . a) on b) out c) up d) with 7) The suspect is not under arrest. a) basis b) foothold c) framework d) principle 9) The judge …… the pedestrian for the accident. a) combine b) invent c) lie d) manage 5) Peter gives one account of the accident. b)in c) out d) out of 3) The judge was very …… on pickpockets. a) bad b) hard c) strict d) strong 4) It was impossible for her to tell the truth so she had to …… a story.a) for 2) If you break the law.
or both. and decide the issues of.) The party defending or denying-that is. Namath v. these two words may not seem to be related. or local agencies: Hellman v. can be one or more individuals. The adversarial roles of the opponents can be seen in the way the cases are referred to. A grand jury is a special jury of a statutory number of citizens. and the like. the one sued or accused in the suit-is called the defendant. companies. the plaintiff or the defendant. This is a jury of 12 or fewer citizens picked to weigh the evidence in. That is why we talk about a plaintive song. If there is sufficient evidence. both having in their development a from of the Latin verb plangere. or federal. which means”to beat the breast. and to give a decision based on their findings. the Latin word versus( usually abbreviated as v.( at first glace.Study the following words: grand jury/ petit jury In law. The party who initiates the suit is called the plaintiff or complainant.” As the following case titles show. or vs. usually more than 12. the plaintive sound of an oboe. every court action relating to rights and injuries. 135 .) meaning “in contest against. the grand jury indicts those people for trial before a petit jury (or trial jury).10. Yet. that nowadays investigates accusations against people charged with crime. plaintiff/defendant Two parties are involved in every civil lawsuit-that is. McCarthy.” they share the sense of giving expression to one`s grievance. a jury is a group of people sworn to hear the evidence and inquire into the facts in a case. a trial in court. state.
. every court action taken to redress a public wrong-also has a defendant. in other words. United States v. Inc.Time. or local entity) precedes the name of the defendant. Mayor and City Council of Baltimore. the case title in the appellate procedure gives appellant versus appellee. Westmoreland v. In saying a case title. who is a public official such as a district attorney. but here the initiator of the proceedings is called the prosecution. this party`s name appears first. the plaintiff is listed first. when James J. but in any appellate procedure whoever seeks the review is listed first. or prosecuting attorney. Gacy reached the U. 136 . the case was titled Hill v. if the losing party in a suit in a federal court appeals the case. but on appeal the title became Time.S. Supreme Court. and some substitute the word against. For example.Sports Illustrated. versus. as”vee”.Hill sued Time. Every criminal case-that is. v. some give the full from. For example. However. state. Supreme Court for review. some people pronounce the v. In the original case title the prosecution ( the name of the federal. Louisiana. CBS. The prosecutor. and Dawson v. In the case title of the original suit. Illinois. Inc. John Wayne Gacy having appealed his conviction and death sentence for murder. If the appeal goes all the way to the U. the party seeking the review is called the petitioner and the party responding to the petition is called the respondent. for invasion of privacy. Criminal actions are referred to much the same way as civil ones.S. Hill. Inc.. by the time Illinois v. conducts the criminal suit on behalf of the state or the people. it was called Gacy v.
arrested paroled charged sent to prison convicted suspected Put these actions in the correct order. The … sentenced the accused to 15 years in prison.11. 12. a) accuse b) ensure c) point d) prove 5) It has been decided to hold a Public … into the cause of the accident. it will have to be settled by … a) arbitration b) court c) election d) referee 3) His comments … little or no relation to the facts of the case.Choose the right answer. a) Autopsy b) Examination c) Inquiry d) Interrogation 6) To protected victims of blackmail their names are often … in court.If you commit a crime you may be: accused interrogated tried. a) bear b) give c) possess d) reflect 4) They all thought he was guilty. a) covered b) erased c) hidden d) not given 137 . If you can’t resolve the dispute. a) barrister b) counsel c) judge d) solicitor 2. 1. but no one could … anything against him.
a) account b) notice c) statement d) summary the 8) I … to say anything unless I am allowed to speak to my solicitor.7) The youth involved in the disturbance at demonstration made a(n) … to the police. a) innocent b) lovely c) natural d) pure 11) The case against Mary Wrongdoer was … for lack of evidence. a) condition b) date c) force d) power 13) The … question in this case is whether the accused had a motive for this crime or not. a) deny b) neglect c) refuse d) resist 9) I should like to call two … who can testify on my client’s behalf. a) crucial b) forcible c) supreme d) valuable 14) The driver admitted that the accident was partly his own … a) blame b) cause c) evil d) fault 138 . a) discarded b) dismissed c) refused d) resigned 12) The new law comes into … on May 15. a) witnesses b) onlookers c) passers-by d) spectators 10) You are surely not suggesting that these … young children could have planned such and evil deed.
a) point b) scar c) sign d) trace 17) It is a criminal offence to … the facts. a) express b) oppress c) repress d) suppress 18) After a close cross-examination. the murderer was … from the country before extradition proceedings could be started. a) condemned b) convicted c) convinced d) penalized 20) In the legal profession. a) barred b) deported c) exported d) interned 16) The suspect man has a … on his right cheek. a) case b) charge c) lawsuit d) trial 23) The suspect … that he had assaulted a policeman.15) In fact. a) contend b) glad c) happy d) satisfied 19) At the end of the trial he was … of murder. a) hopeful b) prospective c) willing d) wishful 22) The judge will hear the next … after lunch. a) contradicted b) declined c) denied d) refused 139 . the barrister was … his client was telling the truth. a) outclass b) outnumber c) overcome d) supersede 21) All … barristers are expected to study at the Inns of Court. men … women by five to one..
will be … trouble. The judge was very … on pickpockets. a) for b)in c) out d) out of 3. a) combine b) invent c) lie d) manage 5. a) accused b) affirmed c) alleged d) announced 13. a) grab b) pull c) snatch d) take 25) The suspect is … to have been in the neighborhood at the time of the crime. a) justice b) punishment c) sentence d) verdict 2. Peter gives one account of the accident.24) I wish you’d let me speak for myself and not … the words out of my mouth. If you break the law. a) on b) out c) up d) with 140 . The high court judge will pass … next week. 1. it is difficult to … the two versions. a) adjust b) coincide c) identify d) reconcile 6. The witness testified that he could bear … what the defendant had claimed.Choose the right answer. a) bad b) hard c) strict d) strong 4. and John another. It was impossible for her to tell the truth so she had to … a story.
His legal training enables him to put his case … very convincingly..7. a) accused b) blamed c) charged d) sued 10. nor have the police placed any … on his movements. You should only make serious accusations like that if they have a sound … in fact. a) down b) out c) over d) up 14. in …. The judge … the pedestrian for the accident. and decides the facts..Put each of the following words and phrases into its correct place in the passage below. accused court judge legislature list panel trial sentence witnesses Trial by Jury A jury is a selected group of laymen that hears the …. a) basis b) foothold c) framework d) principle 9. The suspect is not under arrest. a) obstacle b) regulation c) restriction d) veto 8. acquit civil suits counsel guilty legal disputes officer swear testimony cross-examination fault jurors money jury 141 .
Violations (3)… criminal law were prosecuted by the state. . If the verdict is …. a jury commissioner or another public ….. . Then …. In criminal cases. GRAMMAR PRACTICE Fill in the text below with the missing prepositions: The evolution of courts in ancient Rome was marked (1)… the development of a complex structure (2)… which criminal. the jury must decide whether or not the …. decides the facts is called a ….. and a corps (4)… professional jurists was established (5)… the first time (6)… the history of Mediterranean civilization. within limits that have been fixed by the ….. or ….A courtroom trial in which a …. or summarize the case. including ….. given by witnesses for both sides. the defendant by a verdict of not guilty. is guilty “ beyond a reasonable doubt “. or large initial …. for each side sum up.. For each trial. by jury. They hear the ….. term.. the jury must decide who is at …. or punishment. .. civil. …. for financial damages... to decide the facts fairly. explains the applicable law in his instructions to the jury... of qualified jurors. (7)… Christianity became the state religion of Rome. the ecclesiastical courts. the jurors …. the right of appeal was juridical guaranteed. and then either return a verdict of guilty.. to be paid. higher and lower courts were organized. are selected by lot from this …. Before the trial begins.. In ….. and other jurisdictions were differentiated and exercised by separate courts and officials... prepares a panel. and the ….. . Before each …. the judge imposes the …. previously established by Christians who 142 .. and must determine the amount of …..
Complete the following sentences using suitable words from the box below: patents decisions Constitution jurisdiction offenses governor cases nomenclature lawyers judgeships 143 . The federal court system is more limited in (5) size and purpose than are the state courts. and cases involving the Constitution of United States and federal laws.had refused to have recourse (8)… pagan courts. They include (2) federal court system. They hear: cases in which the United States is (7) party and cases involving foreign officials. Supply A/AN or THE if they are necessary: (1) United States has 51 separate court systems. As the Roman Empire disintegrated. 2. or bankruptcies. the United States is said to have (4) dual court system. they may also hear cases with (8) parties from different states. (6) Federal courts have jurisdiction over five basic kinds of cases. THE ARTICLE AND THE NOUN (Review) 1. became a part (9)… the Roman legal system. In civil matters. cases involving (10) patents. Because of (3) separate state and federal systems. (9) Federal courts also hear “federal specialties“. copyrights. if more than $10. established and maintained by the national government. the ecclesiastical courts survived and assumed jurisdiction (10)… secular affairs. and the courts of the 50 states.000 is involved.
in another. and the state courts.000 cases a year. jurisdiction in other cases.500 (2) appealed to it each year. Some courts derive their titles and functions from a past era and are not the result of systematic planning.S. staffed by bankruptcy judges. The state court systems are similar in structure. Courts having jurisdiction over cases involving minor 144 . In the mid-1990s there were 179 permanent circuit (4) in the 13 courts of appeals. Throughout U. The major trial court may be a circuit court in one state and a district court. Three special courts hear cases involving customs duties.State courts share jurisdiction with federal courts. The Supreme Court of the United States is the highest appellate court for cases within federal jurisdiction. are binding on all other courts. mainly those involving state law. The Court agrees to decide only about 150 of the 4. or exclusive.000 to 4.peace courts or juvenile courts. and monetary claims against the government. The Supreme Court’s (3). the federal court system has been small. Congress provided (1978) for bankruptcy courts in each district. Only those state court decisions that involve the U. (1) and federal law may be appealed to the federal courts. however. but they vary widely in specifics and (6). the 89 district courts had 610 permanent judgeships in the 50 states plus 15 in the District of Columbia and 7 in Puerto Rico. Most states have a trier of trial courts with limited or special jurisdiction. far more than that. history. or superior court. such as justice-of-the. (5). the other federal courts decide approximately 330. and they exercise sole.S.
or add them to your own personal vocabulary lists. Finally. about half of the states have intermediate appellate courts below the level of their highest courts. (10). c) Is the Death Penalty a necessary and proper means of punishment? 145 .600 judges in state courts of general jurisdiction and over 1. b) Comment on the following: “The law is the last result of human wisdom acting upon human experience for the benefit of the public”. Historically. each state has courts with mainly appellate (8).criminal (7) may also conduct preliminary hearings for more serious crimes to be tried in higher trial courts. WRITTEN ASSIGNMENT a) If you have not already done so. and representatives of the public. These limitedjurisdiction courts often receive most of their financial support from local governments. although it is not always called by that name. There are about 7.000 judges in state appellate courts. Every state has a supreme court. make vocabulary cards for the “legal” words that you want to remember. Next is a level of general-jurisdiction trial courts that hear the full range of serious cases and often appeals in minor cases from lower courts. state judges were popularly elected. but increasingly states are adopting a judicial selection system in which the (9) appoints judges from a list submitted by a commission composed of judges. Additional thousands of judges serve in special state courts.
What is the Opt-Out Program for jurors 70 years of age or older? SUGGESTED PRESENTATIONS Courts of Appeal European Court of Justice Supreme Court of the United States European Court of Human Rights International Court of Justice (UN). Can a person be transferred to another courthouse? 5. Can a person be excused from jury service? 6. Can a person change his/her jury service report date? 4. World Court Personal experience in a law court What may happen if the witness gives false evidence? Or if the jurors do not agree on the verdict? Your opinion on films about court trials Jury trials vs. What are the qualifications required to be a juror? 2.d) Answer the following questions after searching for information relating to trials. 1. Judge trials UNIT 6 THE BRITISH CONSTITUTION AND GOVERNMENT 146 . How are future jurors selected for jury service? 3.
She is head of the executive. not written in one place. belongs to Parliament. the legislative power. altering. and the sovereignty of Parliament ( there are no restrictions of the laws that Parliament can pass ). is made up of statute law. the House of Lords and the House of Commons. The three parts of Parliament are the monarch. The key principles of the constitution are the rule of law ( everyone is subject to the laws of the land ). an integral part of 147 . READING / LISTENING The Constitution of the United Kingdom. In England. or repealing the laws. The Queen is head of State and an important symbol of national unity.֠ PRE-READING 1. common law. Conventions are rules and practices which are not legally enforceable but which are regarded as indispensable to the working of government . that is the power of making. many are derived from the historical events through which the British system of government has evolved. What do you know about the British Constitution? 2. Name the parts of Parliament. and conventions.
hereditary peers and peeresses. has the power to declare war and make peace. each of which returns one member to the House of Commons or the Lower House. i. head of the judiciary. as head of State. twenty-four bishops of the Established Church.the legislature. although not necessarily an absolute majority over all other candidates. Candidates are elected if they have more votes than any of the other candidates. For electoral purposes Britain is divided into 651 constituencies. In practice.e. British citizens and citizens of other Commonwealth countries. are subject to the statutory limit. which is returned if he or she receives 5 per cent or more of the votes cast. to conclude treaties and to annex or cede territory. however. and life peers. consists of the lords spiritual. and the ‘supreme governor‘ of the established Church of England. and the lords temporal. The simple majority system of voting is used. Britain is governed by Her Majesty’s Government in the name of the Queen. It can even prolong its own life beyond the normal period without consulting the electorate. two archbishops. or the Upper House. All election expenses. In international affairs the Queen. apart from the candidate’s personal expenses. Voting is not compulsory. with arround 1200 numbers. to recognize foreign states and governments. The House of Lords. may stand for election as MPs provided they are aged 21 or over and are not disqualified. As there are no legal restraints imposed by a written constitution. commander-in-chief of all the Armed Forces of the Crown. Each elector may cast one vote. The Queen acts on the advice of her ministers. A candidate must also deposit 500 pounds. Parliament can make or change any law. Parliament does 148 . together with citizens of the Irish Republic. normally in person at a polling station.
What is the House of Commons also called? 8. What is the royal prerogative? 7. What kind of lords are there in the House of Lords? 149 . exemption from serving on juries. What are the key principles of the Britsh Constitution? 4. Is the Constitution of the United Kingdom written in one place? 2. and the right of access to the Crown. which is a collective privilege of the House. How many parts has Parliament? 5. What privileges do they have? 10. Whom does the monarch represent? 6. freedom from arrest in civil actions.not assert its supremacy in this way. Answer the following questions. COMPREHENSION PRACTICE 1. or being compelled to attend court as witnesses. A Parliament has a maximum duration of five years. 1. but in practice general elections are usually held before the end of this term. The maximum life has been prolonged by legislation in rare circumstances such as the two world wars. What elements does the Constitution of the United Kingdom consist of? 3. How many members does the House of Commons consist of? 9. The privileges of the members of the Commons include : freedom of speech.
What is the full duration of Parliament? 2. 1. having a legal right to receive a position. in charge of all the churches in a particular area 8. 7. corporate or local (3)… Proposals for (4)… changes are sometimes set out 150 . 2. Private (2)…. Most are public Bills involving measures relating to public (1)…. deal with matters of individual.11. you would normally have to do ☺ VOCABULARY PRACTICE 1. Complete the following sentences using suitable words from the box below: draft law policy interest set out formality Assent bills Legislative Draft laws take the form of parliamentary Bills. 3. What church do the archbishops and bishops in the House of Lords belong to? 12. rank. 5. Find the words in the text which have the same meaning as the following definitions. permission not to do sth. or title passed from an older to a younger person in the same family 9. 4. laws made by Parliament to develop by gradually changing complete freedom and power to govern to end to vote in an election the place where people go to vote in an election a priest of the highest rank. 6.
especially in a struggle for control or power. Antagonist implies more active opposition. They must then receive the Royal (7)… before becoming Acts. Consultation papers. or debate. 1 The paper is running an action against the new comes into effect 1 ………………… 151 . political race. Foe. and a third and final reading. A (6)… is given a first reading in the House of Commons without debate. this is followed by a thorough debate on general principles at second reading. Bills must normally be passed by both Houses. Suggest a correct or better alternative for each mistake in Parts A and B.in government ‘White Papers’. whether or not there is personal animosity or hostility involved. now a somewhat literary synonym for enemy. or the like. sometimes called ‘Green Papers’. The mistakes in these sentences have been underlined for you. nation. Part A The new law effects today. In practice this is a (8)…. opponent refers to anyone who is opposed to someone else or to ”the other side” especially in a fight. (5)… government proposals which are still taking shape and seek comments from the public. or it may simply refer to any member of the opposing group. An unemotional word. 3. Study the words opponent. connotes more active hostility. game. Adversary usually suggests outright hostility in the conflict. The first one has been done for you. Enemy may imply actual hatred in the opponent and a desire to injure. 2. antagonist and enemy.
2 ………………… 3 ………………… 4 ………………… 5 ………………… 6 ………………… 7 ………………… 8 ………………… 9 ………………… 10 ………………… 11 ………………… 12 ………………… 13 ………………… 14 ………………… 15 ………………… 16 ………………… 17 ………………… 152 . Are you member of the Labor Faction? The folk will be voting on May 14th. They’ve set up centers to council the unemployed. She’s one of the greatest faces in modern politics. Are you interested in British civilization? The Minister was the victim of a combine against him. Conversations about trade agreements are continuing. We’re electing a new party conductor.2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 privacy laws. Are you a member of the Preservative Party? They’ll have to control your passport before they let you in. We must join ourselves to win the next election. Has he got the necessary qualities to direct the country? The government was chosen with a small majority. What is the basis of political force? A dictator rules by strength. Dictators have a lot of craft.
8 The German country is a formidable force in Europe. 9 She’s been named to lead the party into the next election.18 Do you know all the words of your National Hymn? 19 The great forces decide the destiny of smaller nations. 5 There’s been a peaceful manifestation against motorways. 10 Whose part are you on? 11 I’m enjoying peasant life now I’ve moved out of London. 12 It’s government by the 18 ………………… 19 ………………… 20 ………………… 1 ………………… 2 ………………… 3 ………………… 4 ………………… 5 ………………… 6 ………………… 7 ………………… 8 ………………… 9 ………………… 10 ………………… 11 ………………… 12 ………………… 153 . 20 We pay imposition on everything. Part B 1 An industrious nation needs a lot of capital investment. 6 What is the date of the annual party lecture? 7 You have to tackle misery before you tackle crime. 4 The most of people are in favor of a change in the law. 3 Paris was discharged in 1945 by the allied forces. 2 Civil service departments are full of plot.
the phrase "to table a proposal" means one thing in Britain. Similar expressions have meant different things in each country. Shortly after the United States entered the war against Nazi Germany. Britain is a small country.to delay or postpone discussion of it . Trade Syndicates defend worker’s interests. On the other hand. As 154 . For example. which is divided into lands. Britain has a republican government. while in the United States it means something just the opposite. When Parliament wishes to take up a matter for immediate discussion.13 14 15 16 17 18 19 peoples for the peoples. it has decided to put it aside . Study the idiom TO TABLE . The way we are governed affects the whole of community. when the United States Senate or House of Representatives votes "to table" a proposal.perhaps to kill it altogether. TO TABLE There is truth in George Bernard Shaw's humorous statement that England and America are separated by the same language. it votes "to table it". What’s your political conviction? Politic is central to the study of history. A government must reign or resign. this difference created misunderstandings. 13 ………………… 14 ………………… 15 ………………… 16 ………………… 17 ………………… 18 ………………… 19 ………………… 4.
It is a matter of history how the Allies "turned the tables" on Hitler. out in the open where everything can be examined. After being on the defensive for a long time. So did their military situation. The phrase dramatically tells the story of the war. A honest man lays his "cards on the table".the Americans and British began to develop joint military plans. and so turned the board or table around to put the other man in the same position. suffering one disaster on top of another. But the British and Americans in time understood what each meant by the expression "to table". the misunderstandings were troublesome. The Allies at last "turned the tables" on the aggressors and defeated them. "let's table them". He is said "to be above board". The phrase "to turn the tables" means to give an opponent the same treatment he has been giving you. One is "to put your cards on the table". so to speak. Two closely related expressions also come from the word table. they said. They thought the Americans were ready to give their proposals serious consideration. You can clearly see he is not trying to hide anything. Communications between them improved. where a player might have found himself in a worse position than his opponent. There were some British proposals that the American leaders were strongly opposed to. The British were happy to hear it. "to deal under the table". The expression comes from a popular sixteenth century card game. They did not even want to discuss them. they moved forward to take the offensive on all fronts. For a time. the expression "to table" needed a clearer explanation. The other is the phrase. 155 . Politely.
those failing to comply with certain civil court orders. b. An arrest to enforce a court order in civil proceedings can only be made under a warrant issued by a court or by a power of arrest granted by the court in cases of domestic violence. One who makes a secret. Everyone has the right to take part in the government of his country.But the man who wants to hide his plans and purposes "deals under the table". detention. directly or through freely chosen 156 . No one can be arrested with the exception of those suspected of committing a crime. or exile. No one shall be subjected to arbitrary arrest. or individuals in contempt of a superior court or of Parliament. Match the human right with the corresponding paragraph: 1) Marriage and Family 2) Property 3) Fair Trial 4) Presumption of Innocence 5) Personal Liberty 6) Right to Privacy 7) Freedom of Religion 8) Political Rights 9) Work 10) Home a. illegal payment to another is said to be "paying under the table". 5. This expression is used to describe many dishonest activities. Everyone has a legal right to personal liberty.
have the right to marry and to found a family.representatives. Everyone has the right of equal access to public service in his country. The electoral system is the ‘simple majority’ system. A change of minister therefore does not involve a change of departmental staff. Staff is recruited to the Civil Service and its executive agencies through fair and open competition solely on the basis of merit. religion. whose functions remain the same whichever political party is in office. Britain is a parliamentary democracy. race or colour. without distinction on grounds of sex. Officials working in central and local government have a long tradition of political neutrality. this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. nationality or religion. The secret ballot is used in all British elections. without any limitation due to race. c. which is normally a chamber of discussion and revision of proposals and not a rival to the Commons. They are entitled to equal rights 157 . the Government being responsible to the people through the elected House of Commons. Its powers to delay legislation are limited by law. Men and women of full age. The candidate with the largest number of votes is elected. Candidature for parliamentary elections is open to anyone aged 21 and over who is eligible to vote. The other House in the British Parliament is the non-elected House of Lords. The will of the people shall be the basis of the authority of government. Public offices are open to men and women. which has the power to force a government to resign on a vote of no-confidence.
No one shall be held guilty of any penal offence on account of any act or omission. and supplemented. Members of the family are in an advantageous position in matters of succession. if necessary. by other means of 158 . Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. e. Children have equal rights of inheritance from parents whether the parents are married or unmarried. the spouse and children of the deceased have priority. under national or international law. at the time when it was committed. without any discrimination. Everyone has the right to work. Everyone. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity. It is unlawful to force anyone to marry against his or her will or to bring about a marriage by fraudulent means. All marriages are registered by the State. If death occurs without a valid will. Not shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. to just and favourable conditions of work and to protection against unemployment. to free choice of employment. which did not constitute a penal offence. has the right to equal pay for equal work. Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.as to marriage. d. during marriage and at its dissolution.
In most industries the pay and conditions of workers are settled by national and/or plant bargaining between employers and trade unions. safety and welfare of their employees in factories offices. It is also unlawful for an employer to refuse to employ an individual on the grounds of that individual’s membership or non-membership of a trade union. 159 . A fundamental reform of the vocational qualifications system is being undertaken by the National Council for Vocational Qualifications. which have members in virtually every occupation and some 10 million members in all.5 to 40 hours for manual work and 35 to 38 for non-manual work. an executive agency of the Department of Employment. Equal esteem for academic and vocational qualifications is being promoted with clearer and more accessible paths between them. building sites and ail other work activities. A five-day week is usually worked. Everyone has the right to rest and leisure.social protection. It aims to develop a system of nationally recognised vocational qualifications based on standards of workplace competence set by employers. helps unemployed people to find work through its job placement and other services and pays benefits and allowances to those entitled to them. Overtime is paid at higher rates. Dismissals for union membership or non-membership are automatically unfair. People may join trade unions. mines. including reasonable limitation of working hours and periodic holidays with pay. Everyone has the right to form and to join trade unions for the protection of his interests. The basic working week in Great Britain is about 37. Laws impose duties on employers and others to ensure the health. The Employment Service.
The National Health Service (NHS) provides comprehensive health care to all residents. opticians and pharmacists are able to practice privately. 160 . A children. dentists. clothing. subject to certain rules. housing and medical care and necessary social services. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family. old age or other lack of livelihood in circumstances beyond his control. too. g. There is limited provision for them to treat their private patients in NHS hospitals. can practice privately. sickness. Everyone has the right to own property alone as well as in association with others. NHS hospital doctors. children.f. widowhood. Compensation is paid for any losses suffered through compulsory purchase or the deterioration of property as a result of activities by public authorities. shall enjoy the same social protection. including food. Patients pay charges for prescriptions although in practice some 75 per cent are supplied free. and the right to security in the event of unemployment. whether born in or out of wedlock. Motherhood and childhood are entitled to special care and assistance. pensioners and other groups. No one shall be arbitrarily deprived of his property. disability. since charges do not apply to people on low incomes. Treatment is based on medical priority regardless of patients’ income and is financed mainly out of general taxation. expectant mothers. NHS patients are sometimes treated at public expense in private hospitals. Patients are free to seek private medical treatment and doctors.
Parents also have to observe the law regarding compulsory education of their children. nor to attacks upon his honour and reputation. In rape cases. Everyone has the right to freedom of thought. conscience and religion. the identity of the complainant cannot be reported. home or correspondence. to 161 . Any attempt to interfere with the jury once it is sworn in is a criminal offence. family. provided that they do not infringe the rights of others or commit an offence. A jury is independent of the judiciary. and discharges the accused or passes sentence. In jury trials the judge decides questions of law. provided that they do not infringe laws against cruelty and exposure to moral and physical danger. Civil and criminal cases are heard by an independent judiciary. and freedom. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of any criminal charge against him. No one shall be subjected to arbitrary interference with his privacy. either alone or in community with others and in public or private. The common law allows people to speak and act in their own homes as they please and to carry on their daily business. this right includes freedom to change his religion or belief. Publicity: Court proceedings are normally held in public and reporters from the media are admitted. j. Every one has the right to the protection of the law against such interference or attacks.h. i. Parents are free to bring up their children as they so wish. sums up the evidence for the jury.
Do you know any other human rights ? ֠ PRE-READING What do you know about the British government? READING The British Government After a general election. worship and observance. the Foreign Secretary (for foreign affairs). 7. and others. Give the summary of one paragraph. and all other ministers are appointed by the Queen on the recommendation of the Prime Minister. the Home Secretary (for domestic affairs). who chooses the Chancellor of the Exchequer (for the Treasury). the leader of the party which has the most seats in the House of Commons becomes Prime Minister. to form the Cabinet. practice. 6. Atheists and agnostics are also free to propagate their views. Worship and religious teaching take place without any interference from the State.manifest his religion or belief in teaching. There is complete freedom of thought. conscience or form of worship and no restriction on the right of any citizen to change his or her religion. Most 162 . The Prime Minister is appointed by the Queen.
First Lord of the Treasury and Minister for the Civil Service. a great deal of work is carried on through the committee system. by tradition. The doctrine of collective responsibility means that the Cabinet acts unanimously even when Cabinet ministers do not all agree on a subject. COMPREHENSION PRACTICE 163 . the Prime Minister’s Press secretary and other Staff in the Prime Minister’s Press Office have direct contact with the parliamentary press through regular meetings with the Lobby correspondents. The Prime Minister’s Press Office is the accepted channel through which information about parliamentary business is passed to the media. The Lobby correspondents are a group of political correspondents who have the special privilege of access to the Lobby of the House of Commons where they can talk privately to government ministers and other members of the House. To keep the workload of the Cabinet within manageable limits. The Prime Minister is. The Lord Chancellor is always a member of the House of Lords. although the Government is also fully represented by ministers in the Lords. The composition of governments can vary both in the number of ministers and in the titles of some offices. As press adviser to the Prime Minister.ministers are members of the Commons. The Prime Minister’s office is located at 10 Downing Street in central London.
supported and prompted if necessary by members of the groups.Answer the following questions: 1) After a general election. What sort of things should a candidate promise in order to gain votes? Then the candidates present their programmers. 164 . Explain their form. Finally. who becomes Prime Minister? 2) Whom does the Prime Minister choose for the Treasury? 3) What minister does the Prime Minister choose for foreign affairs? 4) What do all the ministers chosen by the Prime Minister form? 5) What does the doctrine of collective responsibility mean? 6) What do the Lobby correspondents do? SPEAKING PRACTICE GROUP WORK The students are preparing part of a candidate’s campaign for election to a post in either national or local government. GRAMMAR PRACTICE THE ADJECTIVE AND THE ADVERB (REVIEW) 1) Read the text below and underlines the adjectives. the class in a democratic election may select one of the candidates.
The Attorney General and the Solicitor General are the Government’s principal advisers on English law. As well as exercising various civil law functions. and the probation and after–care service. the police service. its adjudications not being subject to ministerial direction or control. the Home Secretaries. He appoints a Board of Visitors to each prisons establishment. The judiciary is independent. He or she is responsible for: 1) Appointing most magistrates 2) The procedure of the civil and magistrates courts 3) The administrations of magistrates and higher courts 4) A number of administrative tribunals 5) The legal aid and advice schemes 6) The administration of civil law reform The Home Secretary is concerned with the criminal law. As head of the Crown Prosecutions 165 . prisons. and they represent the Crown in appropriate domestic and international cases. The highest judicial appointments are made by the Queen on the advice of the Prime Minister. They are senior barristers. the Attorney General and the Secretaries of State for Scotland and Northern Ireland. elected members of the House of Commons and hold ministerial posts. The Home Secretary is also responsible for advising the Queen on the exercise of the royal prerogative of mercy. The Solicitor General is the deputy of the Attorney General.Administration of justice rests with the Lord Chancellor. England and Wales The Lord Chancellor is the head of the judiciary. and is advised by the Parole Board on the release of prisoners on license. the Attorney General has final responsibility for enforcing the criminal law.
Această problemă este la fel de dificilă ca celelalte. 166 . 10. El niciodată nu a avut opinii diferite de ale tatălui său. De data aceasta l-am auzit clar. Mi-a dat şi alte informaŃii despre accident. as are the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland. 8. încât sticla s-a spart. Toate persoanele rănite au fost duse la spital. A închis fereastra cu o asemenea forŃă. Translate into English: 1. 4. parliamentary and constitutional questions. Mary este fericită că are câŃiva prieteni aici. Destul de ciudat: a plecat fără să spună un cuvânt. 13. Cea mai mare parte a informaŃiilor s-a dovedit adevărată. 3. iar fiecare dintre ele subliniază cât de mult îi este dor de noi. Rezultatele voastre sunt din ce în ce mai bune. încât l-a lovit peste faŃă. 11. Acesta este cel mai bun raport pe care l-am citit vreodată. 5. 14.Service. iar cel de-al doilea este avocat. The Office of the Parliamentary Counsel is responsible for drafting legislations and advises the Government on legal. 15. the Director of Public Prosecutions is subject to superintendence by the Attorney General. Tom are doi fraŃi primul este student. 7. Te rog să mă scuzi pentru că te întrerup. 12. Fiica voastră ne-a trimis cinci scrisori. 6. 2. 8. 9. Ea a fost atât de furioasă.
Încet. 17. Banditul a intrat în cameră.16. 27. 22. cred că este ilegală. GlonŃul a trecut exact prin fereastră. 21. Nepotul nostru ne-a vizitat în Mai. şi-a mişcat mâna spre armă. La puŃin timp după aceea. pe 4 Martie 2002. încât nimeni nu l-a înŃeles. Îmi amintesc de faptul că ea avea o influenŃă considerabilă acolo. 167 . 28. a sosit poliŃia. El va face tot ce va putea ca să ne ajute. luni. 29. Va trebui să îi întâlnim la ora nouă dimineaŃa. Acest succes s-a datorat în mare parte eforturilor sale. WRITTEN ASSIGNMENT Enlarge on: One cannot make people honest by Act of Parliament. 25. 23. 19. 20. dar nu l-am mai văzut de atunci. În nici un caz să nu deschizi uşa aceea. Mai devreme sau mai târziu îŃi vei da seama că are dreptate. Nu te-am înŃeles bine. A vorbit atât de repede. 30. Nu îmi place această idee şi. 24. mai mult. Ea a spus că îl întâlnise cu două zile înainte. 26. Eram complet conştient de ceea ce se întâmpla. 18.
THE ROYAL FAMILY members of the royal family a. hrh the prince of wales c. hrh the princess of wales functions of the monarch royal income and expenditure 168 . Science. her majesty the queen b.Topics for Presentations I. Equality Integrity Punishment Marriage and Family Fair Trial Personal Liberty Right to Privacy Freedom of Religion Freedom of Expression General Political Rights Nationality The right to work. and the Arts Culture II. Working Hours Home Education.
the royal household royal palaces and residences UNIT 7 THE U.S .CONSTITUTION AND GOVERNMENT 169 .
֠ PRE-READING CONSTITUTION people law amendment READING / LISTENING 170 .
who feared that a powerful central government would minimize the role of the 171 . 1787.” a compromise between monarchy and democracy. the Constitution was offered for ratification. After it was signed. 1788. as they knew them. the relationship of conflict was partially resolved through the great compromise that gave small states equal representation with the large states in the Senate but apportioned representation according to population in the House of Representatives. Other compromises involved the slavery issue. Of these. Despite the consensus among the framers on the objectives of the Constitution. commercial barriers between the states seemed particularly onerous. and by 1790 all 13 of the original states had ratified it.Genesis of the Constitution The first constitution of United States was the Articles of Confederation ratified in 1781. 55 came but only 39 signed the Constitution on September 17. They also felt the lack of unity among states was causing serious problems in international relations and the defense of the nation. it was defective as an instrument of government. Ratification was vigorously opposed by the Anti-Federalists. Some leaders felt that the individual states suffered economically from the lack of a strong central authority. Controversy developed over the presidency and the way in which the president was to be elected. the relationship of the states to the national government. the controversy over the means by which objectives could be achieved was lively. Because this document left too much sovereignty to the states. Twelve states (all but Rhode Island) named 73 delegates to the Constitutional Convention. This was achieved on June 21. What they sought was a balance that Madison called “mixed government” and “free government.
for. and by the people. and justice). 3. 2) The Document contains seven articles. peace. The result of the Constitutional Convention of 1787 was ________________. . READING COMPREHENSION Write the words from the text. and liberty for all. 1.basic human rights (individual freedom. The Constitution has three parts: 1) The Preamble tells its purposes: to protect the nation and to assure justice. The significant and lasting accomplishment of the opponents was to get the Bill of Rights added to the Constitution. 2. After the Revolutionary War. 3) Twenty-six Amendments guarantee individual rights and freedoms and establish other basic principles of government.people in governance and threaten individual rights and local interests. 172 . Three main principles from the basis of the Constitution are: . ________________ (1781) were the basis of the new American government. They sought a compromise between monarchy and _________________.government of.the separation of powers of the three branches of government. equality. .
Another principle is government of. 5. and the twenty-six ________________. or abridging the freedom of speech. or prohibiting the free exercise there of. Read it. such as individual _______________ equality. and to petition the Government for a redress of grievances. for. ☺ VOCABULARY PRACTICE 1. the Constitution was offered for _________________. write the number and then explain the amendments. 8. Amendment I Congress shall make no law respecting an establishment of religion. 7. or the right of the people peaceably to assemble. 173 . After if was signed. The third principle is basic ___________________. the seven ______________ of the Document.4. and by _________________. Here is a summary of the Constitutional Amendments about individual rights and liberties. One of the main principles of the Constitution is the ________________ of powers of the three ____________________ of government. and __________________. 6. The three parts of the Constitution are __________________.
against unreasonable searches and seizures. by an impartial jury of the State and district where in the crime shall have been committed. or otherwise infamous crime. Amendment V No person shall be held to answer for a capital. and to be informed of the nature and cause of the accusation. papers and effects. in time of peace be quartered in any house. 174 . except in cases arising in the land or naval forces. without the consent of the Owner. when in actual service in time of War or public danger. nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb. nor in time of war. shall not be infringed. Amendment IV The right of the people to be secure in their persons. Amendment III No Soldier shall. the accused shall enjoy the right to a speedy and public trial. Amendment VI In all criminal prosecutions.Amendment II A well regulated Militia. the right of the people to keep and bear Arms. or in the Militia. shall not be violated. houses. but in a manner to be prescribed by law. unless on a presentment or indictment of a Grand Jury. being necessary to the security of a free State.
Amendment XIV All persons born or naturalized in the United States. Amendment XII The Electors shall meet in their respective states and vote by ballot for President and Vice-President. are citizen of United States and of the State wherein they reside. Amendment IX The enumeration in the Constitution.Amendment VIII Excessive bail shall not be required. Amendment XIII Section I – Neither slavery nor involuntary servitude. except as a punishment for crime whereof the party shall have been duly convicted. shall not be construed to deny or disparage others retained by the people. or any place subject to their jurisdiction. shall not be an inhabitant of the same state with themselves. Amendment XV The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State 175 . nor cruel and unusual punishments inflicted. nor excessive fines imposed. nor deny to any person within its jurisdiction the equal protection of the laws. and subject to the jurisdiction thereof. one of whom. nor shall any State deprive any person of life. of certain rights. shall exist within the United States. at least. liberty or property. without due process of law.
elected by the people thereof. Amendment XX The terms of the President and Vice-President shall end at noon on the 20th day of January. and no person who has held the office of President. Amendment XVII The Senate of the United States shall be composed of two Senators from each State. the President elect shall have died. at the time fixed for the beginning of the term of the President. Amendment XIX The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. and terms of Senators and Representatives at noon 3rd day of January. 176 . or acted as president. If. of the years in which such terms would have ended if this article had not been ratified. for six years. and the terms of their successors shall then begin. the VicePresident elect shall become President. for more than two years of a term to which some other person was elected President shall be elected to the office of the President mote than once.on account of race. and each Senator shall have one vote. or previous condition of servitude. color. Amendment XXII No person shall be elected to the office of the President more than twice.
peaceable assembly. or for Senator or Representative in Congress. who are 18 years of age or older. the Vice-President shall become President. 1. 2. Amendment ________ guarantees the right to vote to exslaves and black people. for electors for President or Vice-President. 3. 177 . 4. Amendment ________ guarantees the right of freedom of speech. Amendment XXV In case of the removal of the President from office or of his death or resignation. Amendment ________ guarantees that slavery shall not exist within the United States. Amendment ________ provides for removal of an incapacitated president and for filling a vacancy in the office of vice-president. Amendment ________ protects people against unreasonable bail or fines and cruel or unusual punishment. shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. Amendment ________ guarantees the right to own weapons.Amendment XXIV The right of citizens of the United States to vote in any primary or other election for President or Vice-President. 6. Amendment XXVI The right of citizen of the United States. 5. and requesting change from the government. to vote shall not be denied or abridged by the United States or any State on account of age. press religion.
Amendment ________ guaranteed the right to vote to women. 15. 8. the government may not bring a person to trial more than once for the same crime. 12. Amendment ________ says that individuals have rights in addition to those in the Constitution. 16. READING AND VOCABULARY PRACTICE 1. 11. 10. They have the right to hear the charges and to question witness. Read/ diagram. Amendment ________ says that to bring a person to trial. Amendment ________ gives individuals the right to an open trial by jury and a lawyer. 13. Amendment ________ gives the right to vote to all citizens over the age of lightens. Amendment ________ prevents anyone from being denied the right to vote for failing to pay a poll tax. Amendment ________ limits presidents to two terms in office. Also. Listen to the text and complete the 178 . Amendment ________ says that the government may not force people to take soldiers into their homes in peacetime.7. a grand jury must charge him or her with a crime. 9. 14. Amendment ________ says that the government may not search or take individual property without a warrant. Amendment ________ guarantees all the rights of citizens to people born or naturalized in the United States.
The American System of Government The United States is a democratic republic (a representative democracy). and the judicial. The U. or association. no one group can have too much power. There is also a system of checks and balances so that each branch has some control over the other two branches. The Founding Fathers established three branches of governments: the legislative. Each branch has different functions and powers under the principle of separation of powers.S. It is called the federal government because the nation is a federation. All other powers belong to the individual states. This way. the powers stated in the Constitution. The Constitution 1 2 3 4 179 . of states. The national government is a government of all the people and their representatives (elected officials). the executive. Constitution gave the federal government only limited powers.
The executive branch consists of the President. a federation 5. having different functions c. 1. Congress can refuse to approve presidential appointment and can override a presidential veto. the Cabinet and the thirteen Departments. and the independent agencies. the national government h. the Vice-President. the Federal Government 4. a system of control of each branch over the other two 3. Match the words with their meanings. Listen to the text and answer the The Three Branches of Government The legislative branch is called Congress. It is the responsibility of Congress to propose and pass laws. The judicial branch consists of the Supreme (highest) Court. and the judicial d. a democratic republic 2. limited powers 6. an association b.2. In the system of checks and balances. only those powers stated in the Constitution e. elected officials g. eleven Circuit Courts of Appeals. the legislative. The President has the power to veto (reject) any bill (law) of Congress. He appoints all Supreme Court Justices. a government of the people (a representative democracy) f. the separation of powers 8. It consists of the Senate and the House of Representatives. representatives and senators 3. checks and balances a. the executive. It’s the responsibility of the executive to enforce laws. and ninety-four 180 . Read/ questions. the branches of government 7.
What are responsibilities? its 3. 1) What is the legislative branch of U. Work in pairs or groups. What powers does it have under the system of checks and balances? 1. Congress b. It has power over the other two branches because it can declare their laws and actions unconstitutional (against the principles of the Constitution).S. Discuss these questions about the legislative branch of the federal government and decide on the answers. Answer these questions about the three branches of government.District Courts. government called? a. This branch explains and interprets laws and makes decisions in lawsuits. the Legislative the Senate the House of Representatives the Executive the Judicial 1. Parliament 181 . What does it consist of? 2.
5) Who presides if the President of the Senate is absent? a. the Speaker of the House 7) What party does the Speaker of the House usually belong to? a. no political party b. the President pro temper b.S. the majority political party 182 . the Senate and the House of Representatives 4) Who is President of the Senate? (What is his office?) a. 6) Who presides over the House of Representatives (the House)? a.C.S. b. D. the President of the U.S. b. the Vice President of the U.2) What is a “bicameral” legislature? a. Mayor of Washington. one with two houses (divisions) 3) What are the two houses of Congress? a. the Vice President of the U. the Council and the Supreme Soviet b. one with cameras b.
citizen for at least _________ years. Fill in the gaps. a Senator Representative and a U.2. 1) The Fill in the gaps. 1) To begin the law-making process. 2) The number of 3) Each Senator Representative serves in Congress for _________years. (number) 5) A regular session of the Senate House is from _______ to ________.S. (date) 3. 3) The committee can call _____________________. 2) The bill then goes to a _______________ of the same house. send it back to the full 183 . ______________(postpone) the bill. (number) must be at least _____ years old (number) 4) To run for Congress. Senate House of Representatives Senators Representative has ____________members (number) for each state is ___________. either a __Senator___ or a _________________ can write a _____________ .
or _____________ (change) the bill. Political Parties The U. Constitutions does not talk about political parties. 4) If the Senate or House _____________ the bill. and it becomes law anyway. 7) If the President signs ___________________________. They wanted a strong federal government. 6) If the second house passes the bill.house without a _______________. Congress can ______________ the veto. After reading the text below ask your colleagues comprehension questions. Their leader was Thomas Jefferson. but they began during George Washington’s term of office.S. it goes to _______________ . it 8) If the President ___________ (rejects) the bill. On one side were the Federalists. no longer exist. 7. it does not become law. 5) If the Senate or House _____________ the bill. the DemocraticRepublicans wanted to limit the power of the national government. 184 . Some of the early political parties. the bill. and their group later became the Democratic Party. it goes to other house of Congress and its committee. On the other side. such as Federalists and the Whigs.
Many people say that there is not much difference between the Republican and Democratic Parties. such as the poor. The Democratic Party is the oldest party in the United States. sometimes called the GOP (the Grand Old Party). but their candidates have never won a Presidential election. Democrats often want the government to establish social programs for people in need. the two major parties have been the Democrats and Republicans and the Republicans. After the Civil War. and the elderly. Each of you studies the information about a different one of the two major political parties. Since that time.Since 1854. but in general people consider the Democrats today more liberal than the Republicans. In 1829. began in 1854 over the issue of slavery. Both the major parties have liberal and conservative members. 8. Republicans oppose slavery. The first Republican candidate to become President was Abraham Lincoln. the unemployed. and their ideas often change with the times and issues. But both liberal and conservative members belong to the major political parties. 2) The Republican Party. The symbol of the Democratic Party (from political cartoons) is the donkey. “Liberal” politicians usually favor reform (change) and progress. Smaller parties have lasted for only a short time. “Consecutive” politicians usually oppose change. Summarize your information for your partner. the issues of the nation and the ideas of party have changed. 185 . They usually say they believe in equal rights for women and minorities and they oppose nuclear weapons and too much military spending. Work in pairs. Andrew Jackson became the first Democratic President. “Third parties” have won in local elections.
regulates transportation and trade within the state. dams. etc.coins money. land.maintains a police force.Republicans got interested in farm.gives authors and inventors the exclusive right and grants city charters: to their work (copyrights or patens) .makes treaties with the governments of other countries.maintain court systems . .support farming and business . highways. Only The federal government: . They often oppose government spending for social programs but support military spending. Both the federal and state governments: .. supports a state militia. Republicans vote more conservatively than Democrats.regulate banks 186 . such as the National Guard. and business issues.oversees local governments . In general. The party symbol is the elephant.fund public projects ( buildings.establishes and maintains -establishes and maintains post offices schools : . . . Look at this page and answer your partner’s questions about the responsibilities of the federal and state governments.declares war. They want government to support big business but not to control the lives of citizens. Work in pairs.supports the armed forces Only a state government: .) .
. ...public assistance for people in need . coins money and maintains post offices?______________________________________ 5. ...protection of natural resources ... . Which governments declares war and The federal governments..health care .The federal government usually provides funding and the states distribute the money and provide programs for: . maintains a police force and state militia?____________ 3. regulates banks and supports business?________________________________________ 187 .. regulates trade and transportation in the state?__________________________________ 4.. ... . establishes and maintains schools?__________________ 6.improvements in living and working conditions Example: Student 1: makes treaties? Student 2: 1.. declares war and makes treaties? _____federal_______ 2.
.... maintains courts systems?_________________________ 10... ... funds public projects. issues copyrights and patents?_____________________ 11.7. . .. . provides funding for the protection of natural resources? __________________________ 13. provides public assistance and health care for people in need? _____________________ 12... like dams and highways?_________________________________ 9. oversees local government and grants city charters?______________________________ 8. . ... . distributes money through programs to improve living and working conditions? ___________________________ 188 ..
Washington said that power should belong to institutions. Before the United States won independence from British rule. GROUP WORK. Each of you studies the information about a different one of the four presidents. The colonists trusted him because he did not want power for himself. Constitution in many ways. George Washington was the first President of the United States from 1789 to 1796. 1. 10. not to men." 189 . not just one. summarize your information in your own words for the group. In turn. He did not think that the United States should have strong ties with other countries. He served as a military leader in the Revolutionary War. He wanted all the states and the people to work together as one. He is often called "the Father of Our Country. George Washington was a farmer in the colony of Virginia. Work in groups of four. He wanted the government to serve the people well.S. He also said that people could understand the U.
2. Thomas Jefferson could do many things. As a young man, he was a farmer and a lawyer in Virginia. He was also a scientist, an inventor, a philosopher, and an architect. He designed his own home, called Monticello. He could communicate in French, Italian, Spanish, Latin, and Greek. Many of Jefferson's ideas became basic principles of the government of the United States. For example, he believed that „all men are created equal” (are born the same and should receive the same treatment under the law). He also said that power must come From „the consent of the governed” (the voters, not the leaders). He wanted free elections, a free press, and free speech. Thomas Jefferson held many important government jobs. He was Ambassador to France, Secretary of State (under George Washington), Vice President (under John Adams), and the third President of the United States, from 1801 to 1809. As President, Jefferson bought the huge Louisiana Territory for the United States from France.
3. Abraham Lincoln grew up in Kentucky in a log cabin. He couldn't go to school, so he taught himself. He became a lawyer. Friends called him „Honest Abe.” As a delegate from Illinois, he served in Congress from 1847 to 1849. Lincoln was against slavery and gave some famous speeches about his ideas when he was running for the Senate. In 1861 Abraham Lincoln became the sixteenth President of the United States. He wanted the states of the Union to work together as one country, but he had to lead the North against the South in the Civil War. Some people thought that Lincoln was too strong as President because he used power that the Constitution did not give him. President Lincoln freed the slaves with the Emancipation Proclamation. He had a plan to bring the South back into the Union after the Civil War, but he couldn't carry out the plan because he was assassinated. In 1865 an actor named John Wilkes Booth shot Abraham Lincoln.
4. John F. Kennedy was President for only three years, from 1961 to 1963, but his personality and ideas changed America. He was both the first Roman Catholic and the youngest President in the history of the country. He set clear goals for America. For example, he promised that the United States would land a man on the moon before 1970. Kennedy supported the ideas of Martin Luther King, Jr. and fought for civil rights, fair housing, and programs to stop poverty. He asked Congress for more money for education and medical care for elderly people. Kennedy was against Communism. For example, when the Soviet Union put missiles in Cuba, he sent U.S. ships to surround the island. But he believed that the best way to fight Communism was not by sending armies but by attacking poverty and injustice. He organized the Alliance for Progress to help the countries of Latin America. He started the Peace Corps and sent Americans to over sixty countries in Africa, Asia, and South America. These young volunteers worked and lived with the people, built schools, and taught farmers more modern methods. Kennedy was a man for the future. He worked to stop the testing of nuclear weapons. But on November 22, 1963, he was assassinated.
11. Which President is each sentence about? Write the first initial of his last name on the line. W = Washington J = Jefferson L = Lincoln K = Kennedy 1. ____ This farmer and lawyer from Virginia was also a scientist, an inventor, a philosopher, and an architect, and he knew many languages. 2. ____ The colonists trusted this farmer from the colony of Virginia because he did not want power for himself.
3. ____ This young Roman Catholic was President for only three years because he was assassinated in 1963. 4. ____ He served as a military leader in the fight of the colonists for independence from British rule. 5. ____ This honest man taught himself and became a lawyer and a Congressman from Illinois. 6. ____ He was against slavery but wanted the states of the North and South to work together as a nation. 7. ____ Many of his ideas (for example, about equality, „the consent of the governed”, free press, and free speech) are basic principles of the government of the United States. 8. ____ He was an Ambassador, Secretary of State, and Vice President before he became the third President of the United States.
9. ____ He was a man for the future, and one of his goals was to land a man on the moon before 1970. 10. ____ As the sixteenth President, he used power that was not given by the Constitution when he led the northern states in the Civil War. 11. ____ He did not think the United States should have strong ties to other nations. 12. ____ He bought the Louisiana Territory for the United States from France. 13. ____ He is often called „the Father of Our Country.” 14. ____ His Emancipation Proclamation freed the slaves, but he was assassinated before he could bring the South back into the Union. 15. ____ He supported civil rights, fair housing, and programs to stop poverty, and he wanted more money for education and medical care for elderly people. 16. ____ He tried to stop Communism with the Alliance for Progress and the Peace Corps and was against nuclear weapons.
it was the flag of the thirteen American colonies.” It was the flag of the American army during the Revolutionary War. The flag of England was in the corner. 2. Before the American Revolution.CULTURAL NOTES American Symbols The Flag of the United States 1. This was the „Great Union Flag. 195 . This is the British (English) flag. The red and white stripes were symbols for the thirteen American colonies.
196 . 4. Some people say that Betsy Ross made the first American flag. The new flag also had seven red stripes and six white stripes. 5. there were thirteen white stars in a field of blue. Now the flag has thirteen stripes for the thirteen original colonies and fifty stars for the fifty states. The „StarSpangled Banner” became the national anthem of the United States. During the War of 1812 the flag had fifteen stars and fifteen stripes for the fifteen states. The United States grew and admitted more states to the Union.3. After a battle Francis Scott Key wrote a song about the American flag. In the corner.
Correct the false sentences. 197 ." 1. under God. indivisible. with liberty and justice for all.6. Write T for true and F for False. The pledge is a promise of loyalty to the United States. ____ The Great Union flag was the flag of England during the Revolutionary War. 2. THE PLEDGE OF ALLEGIANCE "I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands. 3. ____ Before the American Revolution. ____ Some people say that Abraham Lincoln made the first American flag. one Nation. the British flag was the flag of the thirteen American colonies. 1. American citizens and immigrants sometimes recite the Pledge of Allegiance to the flag.
3. the flag had fifteen stars and (7) _____________________.4. 198 . The first American flag had thirteen (5) ____________________ in a field of (6)________________ . Blue White Stars Stripes colonies Union Revolution anthem The British flag was the flag of the thirteen American (1) _____________________________ before the American (2)___________________ . Write the words from the box. Tell about each flag. Number the flags 1 – 5 in time order. Now the “Star-Spangled Banner” is the national (8) _____________________ of the United States. In the War of 1812. During the Revolutionary War. ____ The flag of the United States now has thirteen stars for the American colonies and fifty stripes for the fifty states. ____ The "Star-Spangled Banner" is a song about the Liberty Bell and the Statue of Liberty. ____ The Pledge of Allegiance is a promise of loyalty to the United States. 6. 5. 2. the red and (3) ____________________ stripes were symbols of these colonies on the Great (4)_____________________flag.
4. More American Symbols
a. The delegates of the thirteen American colonies planned the Declaration of Independence, and Thomas Jefferson wrote it. The document declared the independence (separation) of the colonies from England.
b. Congress adopted the Declaration of Independence, and the delegates signed the document on July 4, 1776. The Liberty Bell in the State House in Philadelphia rang out on that day. c. The French gave the Statue of Liberty to the United States as a symbol of friendship. Now it is a symbol of freedom for new immigrants to this country. d. The American eagle is the offcial emblem (symbol) of the United States. It appears on the Presidential flag and on some coins.
e. The donkey and the elephant first appeared in political cartoons. They are simbols for the Democratic and Republican Parties. f. Uncle Sam has the initials U.S. He originally appeared in political cartoons and is an unofficial symbol of the U.S. government.
5. Match the sentence parts. Write the letters on the lines.
1. ____ The Liberty Bell is the symbol of 2. ____ The Statue of Liberty is the symbol of 3. ____ The American eagle is the symbol of 4. ____ The donkey and the elephant are symbols of 5. ____ Uncle Sam is the symbol of a. the United States on the Presidential flag and some coins. b. the U.S. government. c. the Declaration of Independence. d. the two major political parties. e. freedom for immigrants to the United States.
STUDY THE FOLLOWING IDIOMS :
NUTS AND BOLTS Every machine is held together by its "nuts and bolts". Without them, the machine would fall apart. That is also true of an organization. Its "nuts and bolts" are its basic, necessary elements. They are the parts that make the organization work. In government, industry, diplomacy -- in almost anything -- the man who understands the "nuts and bolts" is the most important. Success depends more on them than on almost anyone else. In government, the president or prime minister may plan and shape programs and policies, but it takes much more work to get them approved and to make them successful. There is a mass of detailed work to be done, the "nuts and bolts". This is often put in to the hands of specialists. The top leaders are always well known, but no those who work with the "nuts and bolts". This is equally true in the day-to-day operation of the Congress. The Majority Leader of the Senate, and the Speaker of the House of Representatives, together with the chairmen of committees, keep the business of Congress moving. But behind every Senator and Congressman are assistants. These people do all the detailed work to prepare the Congressman to vote wisely on each issue. The top assistant is the "eyes and ears" of a legislator. In diplomacy, the chief ministers are unquestionably important in negotiations. But there are lesser officials who do the basic work and preparations on the different issues to be negotiated. A recent book tells of a British prime minister who decided to send an ambassador to Washington to learn if a detailed plan could be worked out for joint action on an
important issue. The talks in Washington, the minister said, would be of "nuts and bolts." He meant, of course, the talk would concern all the necessary elements to make such common action successful. TONGUE-IN-CHEEK People who say something with "tongue-in-cheek" are not serious, although they may seem so. They are just joking, like the man who winks one eye as a sign that what he is saying is all in fun. There was a time when people actually put their tongues into the cheek, or let them hang out of one said of the mouth, to show that they were fooling. That explains the expression. A man can say many things with "tongue-in-cheek" without making people angry. People don't believe he means what he says. If they did, he might find himself in trouble. Politicians, lawyers, judges and officials of all kinds might have risen up in violent anger against the cowboy humorist Will Rogers if they had thought he was serious. For example, when he said with a laugh: "I don't think you can make a lawyer honest by an act of the legislature. You've got to work on his conscience. And his lack of conscience is what makes him a lawyer". And the professors and university officials smiled when the Canadian writer Stephen Leacock wrote: "If I were giving money for a university, I would first build a smoking room; then after that, or more probably with it, a good reading room and library. After that, if I still had money that I couldn't use, I would hire a professor and get some textbooks". Popular politicians are well known for a kind of "tongue-in-cheek" humor. Most politicians will make sure voters know they can tell jokes. But the wise ones include themselves in any "tongue-in-cheek" stories they tell.
President John F. Kennedy did this when he spoke at a dinner for 49 Americans who had been given the Nobel Prize. President Kennedy said: "I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House-with the possible exception of when Thomas Jefferson dined alone". And the women voters laughed when Charlotte Whitton who was mayor of Ottawa, Canada, said: "Whatever women do they must do twice as well as man to be thought half as good. Luckily, this is not difficult". President Abraham Lincoln was highly skilled in the use of "tongue-in-cheek" humor. For a long time, job seekers almost drove him out of his mind. So when he came down with that terrible disease, smallpox, while still in the White House, he said, "Tell all job hunters to come on in, I've got something for all of them."
WALK A TIGHTROPE Many circus expressions have found their way into everyday speech. One such expression is "to walk a tightrope". It first became popular in 1859. That is when a French acrobat, Charles Blondin, walked across a tightly-pulled rope over the Niagara River in New York State. He did it high over the frightening rush of Niagara Falls. Blondin's dangerous walk was widely reported, not only in the United States, but all over the world. Soon after that, tightrope acts became popular in circuses. And they still are. People sit holding their breath, wondering what can prevent the tightrope walker from falling off that thin line so high up in the air. A tightrope walker must move slowly, keeping perfect balance on the rope so he does not fall off to one side or the other.
Political groups built bandwagons of their own during election campaigns. You walk a tightrope when you have to balance carefully between opposing sides. Soon a new expression became popular . His band played loudly as it rode on a large wagon in the parade. when you cannot take one side or the other in an argument. GRAMMAR PRACTICE THE NUMERAL (REVIEW) 1. to stay in the middle.Many people who are not circus acrobats "walk a tightrope" today. Everyone called it "the bandwagon". Amendment 15 guarantees the right to vote to ex-slaves and black people. Constitution and make the necessary changes: e. A negotiator between opposing groups often has to "walk a tightrope" if he is to succeed. He has to keep his balance between the two sides. Small boys often jumped on a bandwagon to join the musicians as they rode. Barnum was an early and very famous American showman. 204 . And balancing in the middle is what keeps the negotiator and the tightrope walker safe.S. visiting town after town. Go back to the exercises on the Amendments to the U. The bandwagons were used to attract voters to hear a candidate speak. P. He cannot appear to support one side against the other. He traveled around the country with his circus acts.g.to "jump on the bandwagon".T. To attract a crowd in each town Barnum marched through the streets with all the members of his circus.
A new President takes office on January 20. Congress has the right to tax income. The Eighteenth Amendment was repealed. 205 . The citizens elect United States Senators directly. 13 14 Slavery is illegal All people born in the United States or naturalized are citizens. may vote in Presidential elections. Women citizens have the right to vote. 18 19 20 21 22 It is illegal to make or sell liquor. 2. Presidents may serve no more than two terms.The 15th Amendment guarantees the right to vote to exslaves and black people. 23 Citizens living in Washington D. 15 16 17 Black men have the right to vote. Amendment 12 What does the amendment say? Electors vote for the President and Vice President on separate ballots.C. Make sentences about the following information.
26 All citizens eighteen years and older may vote. which has (6) members. as an extreme 206 . At the time of the Constitutional Convention of (2). which means that it is made up of (1) chambers. 3. The Vice-President becomes President if the President can’t carry out his duties. who is nominated by the majority political party in that chamber. It is a bicameral legislature. or one elected from each congressional district. The Vice-President of the United States presides over the Senate. the House is more formal and has stricter rules than the Senate. The House of Representatives (commonly known as the House) is presided over by the Speaker of the House. or two elected from each state. Therefore it is possible. The Congress of the United States is the legislative. the legislatures of 11 of the (3) states of the United States were made up of two houses. They are the House or Representatives and the Senate. Listen to the text and fill in the gaps. For example. or lawmaking. Because of its larger size. a member of the House (usually called a representative) is recognized to speak during a debate for a limited period of time.24 25 It is illegal to require voting taxes. The House of Representatives has (4) members. branch of the federal government. often five minutes or less. or houses. Senators normally have no such time limits placed on them. It is thus more than (5) times the size of the Senate.
by the people). Senators must be at least (10) years of age and have been citizens for at least nine years. Each committee has its own special area of interest – such as agriculture. at one time they were elected by the state legislatures. for a senator or group of senators to use this privilege of unlimited debate to delay or defeat legislation. because two thirds of the Senate’s membership will remain unchanged regardless of what happens in an election. Both must be residents of the state in which they seek election. the Senate is more of a continuing body than the House. As a result. Members of the House are elected to 2-year terms of office. ratified in 1913. The Constitution also requires that one (8) of the Senate shall be elected every two years. health. This change came about as a result of the (9) Amendment to the Constitution. taxation. Senators are elected to (7)-year terms. Although senators are now elected directly by popular vote (that is. The committees in the House and the (11) in the Senate allow for the division of work and specialized Congress needs to manage the (12) or more bills introduced to it every two years. Members of the House must thus seek re-election much more frequently than senators and have to pay especially close attention to the needs and opinions of their constituents – the people in the districts they represents. energy.measure. or education – and a new bill will be sent to the appropriate 207 . This delaying tactic is called a filibuster. House representatives must be at least 25 years of age and have been citizens of the United States for at least seven years.
The committees. 1) What is the Supreme Law of the Land? 2) What is the highest court of the land? 3) What branch of government makes the laws of the nation? 4) How many Senators and Representatives does each state have in Congress? 5) Do United States residents have the same rights in all states? 6) Who is chief executive of the nation and Commander in Chief of the armed forces? 7) What are some of the duties and powers of the President? 8) What form of government do the states have? 208 . Most bills receive no further consideration and simply “die” in committee. If a bill is of particular importance. The committee may then proceed to further consideration of the bill and offer amendments to it. Only if the committee votes to report (approve) the bill will it be scheduled for consideration by the chamber’s full membership. will distribute bills to even more specialized subcommittees. the committee will usually schedule hearings to gather information about the bill and listen to the opinions of those that favor or oppose it. Committees have only enough time to deal with a small percentage of the bills referred to them. Read the United States Constitution and answer the following questions.committee. WRITTEN ASSIGNMENT 1. in turn.
2. 1) 2) 3) 4) 5) 6) What are the qualifications for President? What are the qualifications for Vice President? For how many years may a President serve? If the President dies. 4. who becomes President? Where does the President live and work? How should people address the President? 3. Tell about political parties in the United States and your native country. 1) What can the federal government do that a state government can’t? 2) What does a state do that the federal government doesn’t do? 3) What do both the federal and state governments do ? 4) What programs does the federal government provide funding for and state governments maintain? 209 . Answer the following questions. Answer these questions in as many ways as you can.
210 . Citizenship: Its Obligations and Privileges. Choosing the Nation’s President.Topics for Presentations The Constitution and the Federal System.
What do you know about legal education in U. legal education is carried out by approximately 200 law schools around the country. 211 . A small number of law schools. In a few states.? 2. What does jurisprudence mean? READING Legal Education is the branch of education devoted to preparing individuals for the practice of law and for other lawrelated careers.S. an individual may serve an apprenticeship in a law office for several years as an alternative to law school. and one must pass the bar exam to become a lawyer. In most states.A./the U. however. completion of law school is required before an individual may take a bar examination. In the United States.K. Most law schools are units of public or private colleges and universities. are independent.UNIT 8 LEGAL EDUCATION ֠ PRE-READING 1.
6. 4. 2. After the ABA grants a law school accreditation. having official approval to do sth. 7. and sufficient resources to conduct a successful program of legal education. an adequate library. group of lawyers. each one has different requirements for passage of its exam. which have the same meaning as the following definitions: 1. 5. Because each state has different laws. COMPREHENSION PRACTICE Find the words in the text. the knowledge and skills that you gain from being taught. 9.Law schools in the United States are usually accredited by the American Bar Association (ABA). the state of being finished. Graduates of ABA-approved schools may take the bar examination in any of the 50 states. the job of being an apprentice. 212 . it visits the school once every seven years to ensure that the school still meets the required standards. a job or profession that you have been trained for and intend to do for several years. a period of time you spend training to improve your skill in doing something. 8. something that you can choose to do or use instead of something else. 3. good enough in quality for a particular purpose or activity. The ABA determines whether a new law school has skilled teachers.
Admission to most law schools is competitive. the applicant’s score on the LSAT. others study such subjects as philosophy. almost all require applicants to take the Law School Admissions Test (LSAT). In addition. a) Instruction and Degrees b) Current Issues c) History in the United States d) Admission and Enrollment 1.S. Match the titles with their corresponding paragraphs. While many pre-law students major in political science or economics during their undergraduate college years. or business. In making its decision. math. a committee of faculty members and administrators makes the admissions decision by reviewing the file of each applicant. the reputation of that college. Typically.READING AND VOCABULARY PRACTICE 1. Most U. the admissions committee considers such factors as the grades earned by the applicant in college. and essays or personal statements by the 213 . engineering. There is no required pre-law course of study. The most selective schools offer fewer than one out of four applicants a place in the entering class. law schools require applicants to have a bachelor’s degree as a condition for admission. letters of recommendation.
Law school requires three years of full-time study. under the supervision of a faculty member. Almost all schools require the same basic courses during the first year of the program.000 per year. evidence. The basic law degree at American law schools is the doctor of 214 . international law.000 graduate each year. Along with classroom work. These include contracts. property. Tuition costs for legal education are substantial. housing. Some schools offer part-time programs that hold classes in the evening. law schools do not require students to select a major field of study. Among the many elective courses offered by most law schools are corporate law. Some students informally choose to specialize in a particular branch of the law.000 law students enrolled in the United States and about 40. Very few law schools interview candidates for admission. Unlike most colleges. civil procedure (the study of the rules controlling the conduct of lawsuits in court). students are free to choose from many courses concerning specific areas of the law.applicant. criminal law. constitutional law. not including books. but most take a very general program of studies. 2. There are approximately 120. and torts (the study of law governing personal injury). Many such schools charge more than $20. After the first year. copyright law. especially at law schools affiliated with private universities. criminal procedure. Law school tuition rates usually rise at or slightly ahead of the general rate of inflation. family law (the law of divorce and child custody). or food costs. and legal history. most law schools offer clinical programs that permit students to represent individuals with relatively simple legal problems. Part-time programs require four years of study.
At this time law was taught through formal lectures. For their texts. students read the works of great legal authors.D.J. Some schools offer a highly specialized degree known as the doctor of juridical science (S. a prerequisite for receiving a license to practice law. introduced a new method of study known as the case method. students may return to law school for one additional year to earn a master of law. which is. degree. Connecticut.). the American colonies had no law schools. who was appointed to teach law at College of William and Mary in 1779.D. Langdell felt students could learn more about the law by studying actual court opinions than by reading legal texts. founded in 1784. After completing a J.jurisprudence (J.D. in turn. there were approximately 20 law schools in the United States. or LL.D). The Litchfield Law School operated until 1833. such as Harvard. such as British jurists Sir Edward Coke and Sir William Blackstone. There are now approximately 1 million lawyers in the United States—more than one lawyer for every 300 people in 215 . The first school that devoted its entire educational program to the study of law was the Litchfield Law School in Litchfield. Yale. degree permits an individual to take the bar examination. and the University of Virginia. By the early 20th century virtually every American law school had adopted Langdell’s method. The first law professor in the United States was George Wythe. Lawyers studied for their profession by serving as an apprentice to an older. established law schools in the early 19th century. Before the American Revolution (1775-1783). degree. By the time of the American Civil War (1861-1865). Several major universities.M. 3. more established lawyer. the dean of the Harvard Law School. In the late 19th century Christopher Columbus Langdell. 4. The J.
often through various affirmative action programs. This relatively large number of lawyers has discouraged some people from going to law school because of concerns that they may not be able to get a job after they graduate. The principal modern schools of jurisprudence are the naturallaw school. the historical school. to the analytical jurist. and some schools decided to reduce the size of their student bodies. Read the text and complete the table below. Another controversial issue concerns the racial composition of law school student bodies. the comparative school. To the natural-law 216 . it is the creation of the state. each influencing the other. Prior to the 1960s very few law students were women or members of minority groups because of widespread social discrimination against those groups. The question of how many lawyers and law schools our society really needs is a subject of debate among legal educators and government officials.the country. and the sociological school. The first three differ mainly in their views of the nature and origin of law and its relation to ethics. state and law are social products. To the natural-law jurist. and to the historical jurist. law schools have actively encouraged women and minority students to study law. Today about half of all law students are women. As a result. developing side by side. Since then. law is antecedent to the state. 2. and members of all minority groups are represented in significant numbers. the analytical school. Other schools have developed special programs to help them compete for students. the number of applications to law schools declined in the mid-1990s.
jurist. This end could be attained only by national legislation and has been fully attained only by the adoption of national codes. Historical jurisprudence differs from analytical jurisprudence chiefly in emphasizing the great part played by social custom in developing and establishing law. that which is not right is not law. customary law. in the extreme form of the theory. The historical jurist accepts this position taken by the analytical school. it was increasingly dominant in Europe from the Reformation to the close of the 18th century. The natural-law school has its roots in Stoic philosophy and Roman jurisprudence. To the analytical jurist. to the historical jurist. The theory of the analytical school was first sharply formulated by the English philosopher Thomas Hobbes in his Leviathan (1651). and that laws which run counter to that sense are not likely to be enforced. but points out that it is difficult for a lawmaker to act otherwise than in accord with the contemporary sense of right. is an anomaly that should be abolished by covering the whole field of social relations with written codes. The views of this school. it is the formulated wisdom of men and women. To the natural-law jurist. including judicial custom. and. 217 . law is cognizable by pure reason. The tendency to exalt the function of the legislator appeared on the Continent at the close of the Middle Ages and was associated with the efforts of the national states to rid themselves of the chaos of varying provincial and local customs that had taken form during the Middle Ages. however. To the analytical jurist. a law that commands what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political sovereign. law is applied ethics. to the analytical jurist. it is the command of the sovereign power. did not originate in England.
but that which is universal and human may be separated from that which is particular to a single nation or to a special stage of development. As a result of this process. it may eventually become possible to write a history of the law of the world. the comparative. School History Characteristics 218 . as Jhering hoped. of which the leading early exponents were the German legal scholar Rudolf von Jhering and Albert Hermann Post. as a reaction against natural-law ideas. Each national law is studied historically and the various national systems are compared at similar stages of development. represents a widening of the field of investigation.The historical school dates from the 19th century. Its principles were first clearly defined in 1814 by the German jurist Friedrich Karl von Savigny. Then. The latest school. not only may the normal course of legal development be discovered.
GROUP WORK. but not necessarily legally qualified. If you think you have skills and experience nedde for this demanding..uk Alternatively post your cv and covering letter to …. we will contact you when an opportunity arises. Match the titles with their corresponding paragraphs. What characteristics should be the competent legal secretary press? 4. rewarding and thought-provoking work. Our case Review Managers are responsible for investigating and reviewing cases. a) Dealing with People c) Duties b) Court Personnel d) Types of Position 219 . Although we might not have an immediate vacancy. Please send your cv and covering letter to: recruit@gov. 5. we would like to hear from you. selfmanagement and comunication skills in a practical team orientated environment together with experience of complex case-work and a working knowledge of the criminal justice system. Possibly. they combine highly developed analytical. Read the following ad and answer it.3. we will keep your details on file and should you match our needs.
The legal secretary comes into regular contact either personally or by written or phone communication with lawyers. 2. tax law. marital law. The secretary will also come into contact with court personnel. in a large law firm. Opinions. the more a secretary knows about the attorney’s clients. The functions of the legal secretary may be divided into three major areas: dealing with people. in the in-house law department of a large corporation. and labor law. Many kinds of positions are available to the legal secretary. cases. the more effective she or he can be in helping the attorney deal with the burden of work. information. corporate law. and court personnel. 4. managing the law office. Many of duties of the legal secretary are identical to those of types of secretaries. The secretary must never be afraid to ask the attorney questions when unsure of what should be done. and work habits.1. most often through phone contact with court clerks. estate planning. In addition. legal practices vary from the general to specialties in real estate law. and federal court systems. and in the local. clients and potential clients. state. involving requests for 220 . 3. Moreover. All attorneys would prefer to answer questions than to presented with a legal paper done incorrectly. criminal law. These contacts are usually important. The secretary must always respect the confidentiality of legal matters. They include working in a single-attorney office. and preparing legal instruments and court papers. and anecdotes must never be carried beyond the confines of the office. fellow employees. corporate.
g. A ___________ is a legal agreement between two or more people to do something.information. And when receiving information from the court clerk. 6. Complete the following definitions using suitable words from the box below. A __________ is a legal statement of a person’s wishes concerning the disposal of his or her property after death. whether some legal papers were received.. 4. 221 . 3. Have available the name of the case and the case index number. contract deed will affidavit 1. write it down. a copy of a lease in a landlord-tenant dispute). 2. when delivered. or whether certain exhibits need to be attached to papers (e. An ___________ is a written statement made on oath before a notary public or other person authorized to administer oaths. A _________ is a legal instrument that. such as the postoponement date of a trial. transfers a present interest in property.
GRAMMAR PRACTICE The Preposition (Review) Fill in the gaps with the missing prepositions.
1. Do you know it _______ certain? 2. I’ve heard a shout _______ help. 3. _____ the wole, everything seems all right. 4. What should I do that ______? 5. She took ______ heart what he had told her and was terribly disappointed. 6. Do you want to go in ______ the competition? 7. In Britain there are several societies _____ cruelty ____ animals. 8. Who did you mistake him ______ when you met him? 9. That behaviour is really characteristic _____ him. 10. He is not ____ the premises. 11. I am afraid I was taken ______ (cheated) by the car salesman. 12. I am acting _____ the law. (I am not breaking the law). 13. ______ all I know (as for as I know), he is still living. 14. He is _____ prison for forgery. 15. He is very sure of himself and never _____ a loss for an answer. 16. Is that law still _____ force? 17. His remarks are always _____ the point. 18. She pays all her bills ____ cheque. 222
APPENDIX A - IRREGULAR VERBS
Verbs abide arise awake bear beat become begin bend bereave beseech beset bet bid bind bite bleed bless blow break breed bring broadcast browbeat Past tence abided, abode arose awoke, awakened bore beat became began bent bereft, bereaved/bereft besought, beseeched beset bet/ betted bade, bid bound bit bled blessed, blest blew broke bred brought broadcast browbeat Past Participle abided arisen awoken borne beaten become begun bent bereaved besought, beseeched beset
a rămâne, a sta, a răbda a se ridica a (se) trezi a purta/suporta, a da naştere a bate a deveni a începe a (se) îndoi a răpi a implora
a asedia; a asalta, a copleşi bet, betted a paria bid, bidden a ruga; a proclama; a licita bound a lega bitten a muşca, a reteza, a răni bled a sângera blessed, blest a binecuvânta blown a sufla, a bate vântul broken a (se) sparge bred a creşte, a educa brought a aduce broadcast a emite (radio/TV) browbeaten a privi ameninŃător, a intimida
build burn burst buy bust cast catch chide choose cleave cling come cost creep cut deal dig dive do draw dream drink drive dwell eat fall feed feel fight
a construi a arde a izbucni, a năvăli, a crăpa bought bought a cumpara (Br.E.) bust, (Br.E.) bust, a face felul; a arunca în (Am.E.) busted (Am.E.) busted aer cast cast a arunca, a distribui caught caught a prinde chided, chid chid, chidden a ocărî chose chosen a alege cleaved, cleft, cleaved, cleft, a despica, a separa clove cloven clung clung a se agăŃa came come a veni cost cost a costa crept crept a se târî, a se furişa cut cut a tăia dealt dealt a trata, a se ocupa de dug dug a săpa dived, (Am.E.) dive a (se) scufunda, a plonja dove did done a face drew drawn a trage, a desena dreamed, dreamed, a visa dreamt dreamt drank drunk a visa drove driven a conduce un vehicul, a şofa dwelt, dwelled dwelt, dwelled a locui ate eaten a mânca fell fallen a cădea fed fed a hrăni felt felt a (se) simŃi fought fought a (se) lupta
built burned, burnt burst
built burned, burnt burst
find flee fling fly forbid forecast forego foresee foretell forget forgive forsake forswear freeze get give go grind grow hang have hear heave hide hit hold hurt input
found fled flung flew forbade, forbad forecast forewent foresaw foretold forgot forgave forsook forswore froze got
found fled flung flown forbidden forecast foregone foreseen foretold forgotten forgiven forsaken forsworn
a găsi a fugi a arunca a zbura a interzice a prevedea/estima/ prognoza a precede a prevedea, a anticipa a prezice, a prevesti a uita a ierta a părăsi/abandona a (re)nega, a jura, strâmb a îngheŃa a primi, a obŃine
frozen got, (Am.E.) gotten gave given went gone ground ground grew grown hung, hanged hung, hanged had had heard heard heaved, hove heaved, hove
a da a merge a măcina a creşte a atârna, a spânzura a avea a auzi a ridica, a aburca, a scoate hid hidden, hid a (se) ascunde hit hit a lovi held held a Ńine hurt hurt a lovi, a răni, a durea inputted, input inputted, input a alimenta/furniza energie
interbreed interbred interweave interwove keep kneel knit know lay lead lean leap learn leave lend let lie light lose make mean meet miscast mishear mislay mislead misread misspell kept knelt, (Am.E.) kneeled knitted, knit knew laid led leaned, (Br.E.) leant leapt, (Am.E.)leaped learned, learnt left lent let lay lit, lighted lost made meant met miscast misheard mislaid misled misread misspelt, misspelled
inset, insetted a introducere, a băga, a insera interbred a (se) încrucişa interwoven a împleti/întreŃese, a lega stâns kept a Ńine, a păstra knelt, (Am.E.) a îngenunchia kneeled knitted, knit a tricota known a şti, a cunoaşte laid a pune, a aşeza a aşterne led a conduce leaned, (Br.E.) a (se) apleca, a (se) leant sprijini leapt, (Am.E.) a sări leaped learned, learnt a învăŃa left a pleca, a lăsa lent a da cu împrumut let a lăsa, a permite lain a sta întins, a se afla lit, lighted a aprinde lost a pierde made a face meant a însemna met a (se) întâlni miscast a repartiza; a distribui prost misheard a nu auzi bine mislaid a pierde, rătăci misled a induce în eroare misread a citi greşit, a interpreta rău misspelt, a scrie greşit misspelled
a depăşi a exagera. a întuneca a învinge. a depăşi a supraveghea A trage/ Ńinti prea departe a dormi prea mult overcast overcast overcome overcame overdo overdid overdraw overdrew overeat overate overhang overhung overhear overload overpay override overrun overheard overloaded overpaid overrode overran oversee oversaw overshoot overshot oversleep overslept overslept 227 .mistake misunderstand outbid outdo outgrow outrun outsell outshine overbear mistook mistaken a confunda. a se extinde peste a invada. overladen overpaid overridden overrun overseen overshot a supralicita a întrece a depăşi. domina a înnora. a înfrânge. a covârşi. a greşi misunderstood misunderstood a înŃelege greşit outbid outdid outgrew outran outsold outshone overbore outbid outdone outgrown outrun outsold outshone overborne overcast overcome overdone overdrawn overeaten overhung overheard overloaded. a întrece măsura a exagera. a lăsa în urmă a întrece a întrece în vânzări a întrece în strălucire a impune/constrânge. a nu avea acoperire a mânca prea mult a atârna deasupra. a ameninŃa a (sur)prinde o conversaŃie a supraîncărca a plăti prea mult a nesocoti.
E. (Am. (Am.E. a întoarce rewritten a rescrie rid.)proven put read rebound rebuilt recast redone relaid remade repaid rerun resold reset a ajunge din urmă. sawed a tăia cu ferăstrăul said a spune seen a vedea sought a căuta sold a vinde 228 . a depăşi a plăti a împărŃi a pleda. a restabili rethought a reconsidera rewound a învârti.) pled proved put read rebound rebuilt recast redid relaid remade repaid reran resold reset rethought rewound rewrote rid. ridded rode rang rose ran sawed said saw sought sold overtaken paid partaken pleaded.E. a merge cu bicicleta rung a suna risen a răsări. a se ridica run a fugi sawn . a reaşeza. ridded a se descotorosi ridden a călări. a restitui a relua a revinde a repune.) pled proved. a preface a face din nou a repune a reface a răsplati. (Am.overtake pay partake plead prove put read rebind rebuild recast redo relay remake repay rerun resell reset rethink rewind rewrite rid ride ring rise run saw say see seek sell overtook paid partook pleaded. a susŃine un caz a dovedi a pune a citi a lega din nou a reconstrui a remodela.
a fixa a coase a scutura. shined shot shown. showed shrank. (Am. sowed spoke spoken sped.E. a filma a arăta a intra la apă. sheared shone. speeded spelt. sunk sat slew slept slid slunk slit smelt.E.E. a străluci a trage. a petrece un timp spilt.) spelt.) smelled sowed sown. sewed shaken shorn. (Am. (Am. ( Am.) a vărsa spilled spilled spun. shrunk shrunk shut sang sank. shined shot showed sent set sewn. a se strânge a închide a cânta a (se) scufunda a şedea a ucide. a măcelări a dormi a aluneca a se furişa a despica a mirosi sow speak speed spell spend spill spin a semăna a vorbi a accelera a ortografia a cheltui.) spelled spelled spent spent a trimite a potrivi. speeded sped. (Am.E.send set sew shake shear shine shoot show shrink shut sing sink sit slay sleep slide slink slit smell sent set sewed shook sheared shone. span spun a toarce 229 . (Am.) spilt. a împuşca.E.E. a monta. a tremura a tunde oi a lustrui.) smelled shut sung sunk sat slain slept slid slunk slit smelt.
trod unbend unbent unbent unbind unbound unbound underlie underlay underlain undersell undersold undersold understand understood understood spat. a înfige a înŃepa a mirosi urât a merge cu paşi mari a lovi a înşira a se strădui.E.spit split spoil spread spring stand steal stick sting stink stride strike string strive stood stolen stuck stung stunk stridden struck strung striven.E. strived spat. spoilt spread sprang . throve thrived throw threw thrown thrust thrust thrust tread trod trodden. (Am. a înjura a mătura a (se) umfla. a păşi a dezdoi a dezlega. a năzui a jura. a învăŃa (pe) a rupe. a sfâşia a prospera a arunca a înfige a călca. a strica a (se) răspândi a izvorî. spoilt spread sprung a scuipa a despica a răsfăŃa. a (ră)sări a sta în picioare a fura a (se) lipi.) sprung stood stole stuck stung stank.) spit split spoiled. swelled swim swam swum swing swung swung take took taken teach taught taught tear tore torn thrive thrived. (Am. (Am. strived swear swore sworn sweep swept swept swell swelled swollen. a creşte a înota a (se) legăna a lua a preda. stunk strode struck strung strove.) spit split spoiled.E. a elibera a sta la baza a vinde mai ieftin decât a înŃelege 230 .
a ruina unwound a desfăşura. a aproba upset a se răsturna. wet a (se) uda won a câştiga wound a răsuci. waked a (se) trezi worn a purta woven a Ńese wedded. a dezlega. a dezlega upheld a sprijini. a rezista la written a scrie undertaken underwritten undone source: LONGMAN DICTIONARY OF CONTEMPORARY ENGLISH 231 . waked wore wove wedded. a garanta a desface. a şerpui withdrawn a (se) retrage withheld a reŃine. wet won wound withdrew withheld withstood wrote a întreprinde a subscrie. a confirma. a opri withstood a se împotrivi. a se tulbura woken.undertake undertook underwrite underwrote undo undid unwind uphold upset wake wear weave wed weep wet win wind withdraw withhold withstand write unwound upheld upset woke. wed wept wetted. wed a se cununa wept a plânge wetted.
to go (an idea) An arm and a leg A-one( A-1) Apple polish(ing) Around the clock Asked for it Back to the Backbreaker Bad time Bad time. efficient. ruined ( plans) To agree. on the Be caught red-handed Be in charge of. supplies. etc. concentrate all resources. deserve the results To begin again/start over again Difficult job. thinking or acting quickly Be found in an act of wrongdoing To command Be in trouble Be in the public eye.IDIOMS Above board Ace in the hole Acid test All for it All one`s eggs in one basket All shot Along with. plan or thing kept hidden until needed Trial of value or quality through usage under the hardest condition.APPENDIX B . give Bag. Time spent in jail Make or create a difficult situation for someone Successfully settled or arranged Correct. a thorough. to Be in hot water Be in the spotlinght/ limelight Beat around the bush Beats me Bet your bottom/last dollar Honest A surprise. any argument. in one place. be famous Delay coming directly to the point I don`t understand this Be absolutely sure of something 232 .. conclusive trial Agree entirely Risk everything on one effort or operation. follow Very expensive The best Try to gain an advantage by saying nice things or giving gifts 24 hours a day. in the bag Ball. a full day Invite trouble. a surprise situation.
complicated.Between a rock and a hard place/between the devil and the deep blue sea/on the horns of a dilemma Between the rock and the hard spot Bible Bigwig/ big wheel/ kingpin/top banana Bird dog. to Bring up a point Broad picture Buck the system Bucket of worms Build an empire Choice between two equally dangerous things Faced with two or more alternatives or choice. get very mad Cause a plan or operation to fail as a result of a stupid mistake Be very angry A place or person who acts as an obstacle to progress or free movement An intelligent person Escape. such as manuals. textbooks. take a break Briefing Bring to light. etc. give someone a break Break. problem Enlarge an organization for the purpose of making one`s own position or job appear more important 233 . that violate tradition Lose one`s temper. Important person To supervise or watch closely Person who does things that are not are accepted. or ambiguous situation. all of which are bad Authoritative documents. to Blak sheep Blow one`s stack/ top. blow up Blow the deal/works Boiling mad Bottleneck Brain Break out Break. remove from storage or holding place Don`t enforce the rules or standards fully A short rest Explanation of a plan To reveal. illustrate Introduce a piece of information A general view of a situation Challenge or oppose standard procedures A difficult.
before the intended time To understand This sounds top easy. etc.to Cat. too many chiefs and not enough Indians Clear-cut Cloak-anddagger(work) Cloud the issue Cold blooded people Cold feet. to Catch. make a plan Decrease in intensity. ideas. what`s the Chiefs and not enough Indians. to Carry on with. to Crap Cross someone`s heart Cross your fingers Approach a problem or difficulty directly Destroy any chance of turning back or changing one`s decision Mental or physical exhaustion Following rules or orders exactly as they are written Quit for the day To find the answer. there must be a hidden trick Too many people giving directions and not enough people doing the real job Definite Spying or intelligence work Confuse the issue People acting in cruel ways Become afraid or timid To preparare. get Cook up.Bull by the horns. let the cat out of the bag Catch on. to Cool down/off Count me in Count me out Count on. to Carry out an order. take the bull by the horns Burn one`s bridges/boats Burnt out By the book Call it a day Come up with the solution. to solve To continue To do or execute an order Release information. calm down Include me Exclude me To depend or rely on Information that is not true or believable Promise to tell the truth Hope for good luck 234 .
cut someone down to size Damned if you do. damned if you don`t Dark. getting at Eager beaver To verify from different sources Don`t worry about things that have already happened when you can`t change the results Deflate a person`s opinion of himself You`re likely to be criticized equally by those who are for it and those who are against it Ignorant of/without knowledge Completion date. maintain the status quo Too busy with details to see the big picture Totally defeated Deteriorate.Cross-check. open and easy to deal with Set a limit Make obvious. keep your ear to the ground Easy come. stress a point Aiming at. Prevent the use of An unpleasant job or task Make a maximum effort Utterly confussed or stupid Don`t disturb the situation. get worse. stop trying Lost without possibility of getting back Honest. leading up to Person who is always willing and excited to do what is expected of him and do it as quickly as he can Try to get any information you can Ear to the ground. easy go That which has gotten easily does not represent 235 . to Cry over spilled milk. don`t cry over spilled milk Cut down. in the Deadline Dirty work/ nasty business Do or die Doesn`t know which end is up Don`t make waves Don`t see the forest for the trees Down and out Down hill. go down hill Down the drain Down-to-earth Draw the line Drive home Driving at.
to keep an Federal case. I feel for you Feel like two cents Feet on the ground. to Get around a. ready A person who carries stories or information to his superiors Act in an irrational or unrealistic way Go straight ahead. stop in place Obtain results To advance To exist without To find an answer 236 . unexcited Be forced to admit that a previous statement was wrong To watch closely To exagerate. do what is appropriate or obvious Say something one should not have said Get something extra without expense or effort Be too frightened to move. to have at your Fink Flip ( one`s top) Follow one`s nose Foot in one`s mouth.Easy touch/ soft touch Easygoing Eat your words Eye on. to Figure out Fingertips. closely engage Reason out. to stress something which is not important I have sympathy for your situation but I can`t do anything about it Feel embararrased or foolish. get one`s feet on the ground Fence. feel small Get organized or oriented Undecided. determine To have available. make a Feel for you. to restrict. discover. on the fence Figure hammer and tongs. to Get along without. to a great loss when it is lost Someone who is kind and helpful Relaxed. put one`s foot in one`s mouth Free ride Freeze Get action Get ahead. neutral To fight heavily.
become bad Wonderful.) To communicate with Continue Begin. to Go to law/go to court/ file a lawsuit/ bring an action against/take legal action/undertake legal proceeding/institute an action at law/prefer charges against someone/ press charges against someone Goldbrick Gone to the dogs Good deal. start To begin. it`s a Green light Greenhorn Succeed by taking a chance To succeed. to Get in touch with. to undergo hardship Sue A lazy person In poor condition. on) Give up Go along with Go for it! Go for record Go through the mill. etc. to Get on with Get rolling Get the show on Give away ( a give away) Give him the green light Give the highlights(of. to manage ( with little money.Get away with it Get by with. to one`s liking Approval to continue with a program or action Person who has no experience ( who is new in a job) 237 . start Fail to deceive( failure in deception) Give your agreement ( signal to continue) Cover only the most important points Surrender Agree Try!. Take a chance! Do something officially To experience.
report from. give one a hard time Hardnose Have one`s hands full Head over heels Helping hand Highlight. got his hands full Have somebody in the palm of your hand/eating out of one`s hand/ twist someone round one`s little finger/ lead someone by the nose/ someone is putty in your hands. to Hit the ceiling Hit the road Hit the roof Hits the nail on the head Hold it Hold out A close guess based on experience( from guess and estimate) Closely together. start Lose one`s temper Is exactly correct Stop it. wait Continue to resist 238 . get out of hand Handcarry (it) Hands are tied Hands full.Guesstimate Hand in glove with Hand. fixed Make it more difficult than necessary for someone A person who enforces regulations strictly and sternly Be very busy or occupied with In a completely confused state or condition Help To emphasize. stress Lose one`s temper Begin. etc. instead of sending it by mail or through distribution Cannot act He`s fully occupied Have strong influence on someone Not to give up Invariable.. closely related Get out of control Personally take a letter. Hang tight Hard and fast rule Hard time.
illegal trials held by prisoners in jails and prisons ) Stay calm Remember Don`t let things slow down To control or keep in contact with Don`t get excited Stay out of trouble The principal point Keep cool Keep in mind Keep the ball rolling Keep your finger Keep your heed Keep your nose clean Keystone 239 . one Jump to conclusions Junk Kangaroo court Be held responsible In a difficult position Latest. have irons in the fire It`s all yours/ It`s yours It`s beyond me Jam. in accord with In my opinion Have project going It’s your problem I don`t understand this In trouble Crowded Planned in advance Decide too quickly Useless. uncertain Positive certain In a good situation In debt Agree.Holding the bag. in a Jammed up Jump ahead of. on the Hot ( news. the Hot potato Hot water. important information Difficult problem. a situation In trouble I agree In writing Currently rumored/ undecided. poop). worthless items Kind of court that often takes the law into its own hands ( e.g. in I`ll buy that In black and white In the air In the bag In the black In the red In tune with In/ by my book Irons in the fire. left Horns of dilemma.
establish and enforce regulations and discipline Explain clearly and thoroughly. cease. stop it To know the procedures To be ( became) familiar with The ability. all the details Lay it out on the table/ lay the cards on the table. the knowledge Politician completing his term in office after not being reelected Obedient to the laws Person who breaks the law Legislator Be dogmatic or authoritarian. to Know-how. learn the job Let`s go. to Know your way around. to Make do Learn the standard procedures. handle with Knock it off Know the ropes. to Learn the ropes Let`s blow Let`s take a look (at)(into) Letter of the law Lobbying Look into Make a mountain out of a molehill/make a big deal out of something. let`s leave Let`s examine Each detail of the law Attempt to influence a legislator`s vote on a bill Examine Make a small problem into a big problem Use what you have in the absence of what you want or need 240 . the Lame duck Law-abiding Lawbreaker Lawmaker Lay down the law Die Free oneself of a bad habit To begin Treat very carefully Shut up.Kick the bucket Kick the habit Kickoff. to Kid gloves.
. the person in command Briefly Not official. to Piece of cake/easy as pie Plant. doubtful Difficult to understand Complete situation To describe in an ideal manner To avoid responsibility by giving it to another Result. to Payoff . converse. the top man. record Off the track On the carpet On the double On the drawing board On the fence On the hook On your own Out of hard Out of the woods Out on a limb Over my head Overall picture Paint a rosy picture. for the purpose of obtaining information unofficially The best. not to be quoted Away from. spoil Secret. the Pay off. climax To produce good results Extremely easy A spy Be childish. not serious Operate independently and in response to the needs of the situation 241 . a Play games Play it by ear Waste time or effort Ruin.Mess around Mess up Monkey business Nail down Nail him to the cross Never mind Never say die Nose around Number one Nutshell. unaware To reprimand Quickly rapidly Being Undecided In a difficult position Independent. in a Off the cuff. maybe illegal activities Determine exactly Impose or inflict the most severe punishment Forget about it Never give up hope Informally visit. be playful. alone Out of control The most difficult or dangerous part of something is ended Undecided. to Pass the buck. etc.
to summarize Very familiar to me An especially warm welcome of any kind A general conception Difficult time Fixed rule Trace something to its source. ask for opinions There is no reason Someone who shows no emotion For and against Be specific.. men. to Shape up or ship out Shift gears To be cautious Take a vote. a Rough time Rule of thumb Run ( it) down Run the show. to Right down my alley Rolling out the red carpet Rough idea. because the best quality has already been used. try to find out where something originated To command. to Run.Play safe. etc. there is no Poker face Pro and con Put your finger on it Recap. to be in charge To run moving quickly Protect yourself Had a very narrow escape. to Poll the class Point. getting the very last of something Ruin. tight Scraping the bottom of the barrel Screw up See the light. make a mistake To understand Get rid of. explain To recapitulate. spoil. just barely escaped disaster One who is blamed A great deal in a very short period of time Having to use inferior supplies. on the Save your skin/ hide Saved by the bell Scapegoat Schedule. to Shake-off. equipment. lose Conform to or obey the standards or be prepared to leave Change a presentation or talk to better fit the level of the audience or the needs of the occasion Go ahead! A quick and easy way Shoot! Shortcut 242 .
the Sit tight Size up the situation Skin of your teeth. to Take the law into one`s own hands Talk down( to) That`s tough Throw away the book/ To attempt. try Important meeting Divert from main purpose The happy part of a situation which seems difficult Wait. to replace in command Redress a grievance by one`s own especially by force Present something so simplified that it insults the inteligence of the listeners That`s too bad Standard procedures won`t apply in this case 243 .. which is held in readiness Explain from the beginning Begin Modern Offend or antagonize others Be responsible for. be able to handle Relax To take the place of. to Smoking gun Snow under Snowball. but that`s the way life is( usually used in a humorous manner) Somewhat To be specific. reserve item.Shot. to omit Piece of evidence that proves someone is guilty of a crime To overwhelm To become bigger That`s bad. etc. do not move Make an estimate of the situation Just barely succeed To avoid mention of. to Sorry about that Sort of Spell out Spread the word Stand by Start from scratch Start the ball State of the art Step on people`s toes Take care of Take it easy Take over. to take a Showdown Sidetrack Silver lining. by the Skip over. to explain step-by-step Convey a message to others Wait. group.
detained Not much time remains Meet standards Very closely matched Make things difficult for a person Become Not yet decided or resolved It depends on you Give him the most recent information on anything Make agree with new facts The latest information Very important person A failure. to Busy. it’s Update him Update it Up-to-date/Up-to-theminute VIP Washed up Wear two hats What’s up? White lie White-collar job Whitewash Work it out. Hide or cover up mistakes or failures To solve 244 . give one a tough time Turn into Up in the air Up to you. using your brain instead of your muscles.trow the book away Tied up Time`s running short Toe the line/ mark Touch-and-go Tough time . what is the state of the situation? Harmless false statement or lie Job where you work at a desk. a person who has no future Act in two or more jobs at once What is going on?.
appear for somebody a reprezenta pe cineva (în instanŃă). (prin extensie) a-şi recunoaşte vina.ENGLISH -ROMANIAN GLOSSARY accept/ a brief for/on behalf of somebody. a sta marturie be at the horn a fi (declarat) în afara legii be before a fi supus dezbaterii. tartorul unei acŃiuni. a fi judecat (de un tribunal) be behind bars a fi în închisoare. a face dreptate. back up a susŃine.APPENDIX C . a admite un fapt. administer justice a aplica legea. a fi pus în urmărire. be chiselled out of something a i se lua un drept/ avantaj be in collusion (with) a fi de conivenŃă (cu) be in force a fi în vigoare be on the register a fi pe lista suspecŃilor. act for somebody a acŃiona în numele cuiva. a fi după gratii. account for something a explica o cauză. să reprezinte pe cineva în justiŃie. to: a accepta să apere. a fi responsabil de un lucru bear witness (to) a fi martor(ul). a fi acŃionat în justiŃie be out of jail a fi ieşit din închisoare be raised to the bench a fi făcut judecător be within one’s rights (to do something) a avea toate drepturile (sa faca ceva) 245 . a sprijini bail out a elibera pe cauŃiune be after a fi pe urmele (unui răufăcător) be art and part in a fi părtaş/ complice la be at the bottom of something a fi instigatorul. a da socoteală de acknowledge the corn a recunoaşte veridicitatea unei afirmaŃii. a fi Ńinut sub observaŃie be on trial a fi judecat.
a face dreptate denaunce to the horn scot. a scoate/ pune în afara legii 246 .bail down a case a prezenta un caz în linii mari bow the crumpet to a-şi recunoaşte vina/ invinuirea adusă (într-un proces) bring a charge against somebody a aduce cuiva o acuzaŃie. trebuie procedat de la caz la caz clap by the heels înv. fig. a acuza (oficial) pe cineva bring a charge/crime home to somebody a dovedi vinovăŃia cuiva bring into open a da în vileag. a lucra acoperit cover up somebody’s tracks a acoperi/ şterge urmele cuiva. a aresta clap somebody in/ into jail/ prison/ solitary confinement a arunca pe cineva în închisoare. a băga la închisoare. a acŃiona în justiŃie call to record/witness a lua drept martor/mărturie. fig. a invoca/face apel la mărturia (cuiva) catch somebody red-handed a prinde pe cineva în flagrant delict/ asupra faptului charge somebody with something a acuza pe cineva de ceva circumstances alter cases depinde de împrejurări. a face public bring more sacks to the mill a aduce argumente suplimentare bring to light a dezvălui bring to trial a da în judecată. a acoperi pe cineva cut across one’s own inerests a contraveni propriilor sale interese deal out justice a împărŃi dreptatea. a dezvălui. adeseori fără judecată come into effect a intra în vigoare come into force a intra în vigoare cover up one’s tracks a acoperi/ şterge urmele cuiva.
a găsi/dibui urma get round the law a ocoli legea get the chair a fi condamnat la (moarte pe) scaunul electric give a false/wrong scent a pune pe o pistă falsă give harbour to somebody a tăinui pe cineva (un criminal. a arunca/ da vina pe cineva (într-un proces) duck the scone austral.drop the bucket austral... un evadat) give somebody a fair hearing a asculta pe cineva cu imparŃialitate/obiectivitate give (somebody) chapter and verse for something a veni cu dovezi/argumente în sprijinul unui lucru give somebody evidence of something a depune mărturie cuiva/ în faŃa cuiva despre ceva give somebody the benefit of the doubt a socoti pe cineva nevinovat 247 . arg. a -şi recunoaste vina (într-un proces) earn the wages of sin a fi spânzurat/ condamnat la moarte explain something away a găsi o explicatie plauzibilă/valabilă pentru ceva (înlăturand astfel orice dubiu) ex post facto (d. arg. o lege) cu efect retroactiv fasten on/ upon somebody a-i aduce cuiva o acuzaŃie find for the plaintiff/ defendant a pronunŃa sentinŃa în favoarea reclamantului/pârâtului fling something at somebody a-i arunca cuiva în obraz o acuzaŃie flag the eat a se justifica neconvingător get a fair hearing a fi ascultat cu imparŃialitate/obiectivitate get on the scent/trial a da de urma.
give somebody the lie (direct) a dovedi contrariul (spuselor cuiva) give something a good/thorough going-over a examina/cerceta ceva cu mare atenŃie give teeth to something a da putere de aplicare unui lucru (o lege) give the lie (direct) to something a dezminŃi ceva go behind a decision a reveni asupra unei hotărâri go beyond the law a încălca legea go by default (d. o persoană) a rămâne nepedepsit. (de o faptă) a scăpa nepedepsită hand down heavy sentences a da condamnări grele hand somebody over to justice/police a da pe cineva pe mâna justiŃiei/poliŃiei hang the jury a scinda voturile juraŃilor. a opri pe juraŃi să ajungă la o hotărâre unică. a ajunge în instanŃă go unpunished (d. împiedicând astfel pronunŃarea sentinŃei have a good grouse a avea temei de plângere/reclamaŃii have not a leg to stand on a nu aduce nici o dovadă concludentă. a înfunda pe cineva go to the bar a intra în barou. a deveni avocat go to the trial a fi judecat. fig. un proces) a se judeca în contumacie go in somebody’s favour a da câştig de cauză cuiva go to bat against somebody a depune mărturie împotriva cuiva. un avocat) a reprezenta pe cineva. a se ridica în apărarea cuiva 248 . a nu se sprijini pe realităŃi have nothing to say for oneself a nu avea ce spune în apărarea sa have plenty of brief a avea procese multe have the law on somebody a da pe cineva în judecată hold a brief for somebody (d.
a-şi revendica drepturile (asupra unui lucru) make a motion that a depune o moŃiune. să se procedeze întrun anumit fel make default a nu compărea în faŃa curŃii/ instanŃei make good a charge a dovedi o învinuire make good an injustice a repara o nedreptate make (out) one’s case a-şi dovedi nevinovăŃia mete out justice a face dreptate more by token ca probă/dovadă….in abeyance (d. în desuetudine in accordance with în conformitate cu in actual fact în realitate in bad faith cu rea-credinŃă in character with în conformitate cu in compliance with: în conformitate/conform cu in the first instance în prima instanŃă justify bail a-şi declara sub jurământ solvabilitatea (înainte de a depune cauŃiune) keep on the right/ windy side of the law a proceda în mod legal. a propune (într-un grup legislativ) să se ia o anumita măsură. a face o plângere împotriva cuiva lay down the law a da verdicte lead a witness a pune întrebări tendenŃioase unui martor let out on bail a pune în libertate pe cauŃiune make/put in a claim (for something) a face o petiŃie (pt. a nu intra în conflict cu legea lay a charge against somebody/(’s door) a aduce o acuzaŃie cuiva. a acŃiona pe căi legale. ceva). a învinui pe cineva de ceva. legi) neaplicat. şi dovada este că… 249 .
a urmări (prin justitie) satisfacerea unei revendicări put in a claim for a înainta o revendicare. a face “mea culpa” pack the jury a-şi asigura un juriu favorabil pass judgement/sentence upon somebody a judeca pe cineva. în juriu out on bail eliberat pe cauŃiune own up a mistake/ fault a se declara vinovat. din/ în juriu/ componenŃa juriului on the legit cinstit. (d. a certifica validitatea lui push one’s claims a revendica (un drept). a comite un delict off the record (în mod) neoficial of no effect neavenit on equal terms pe picior de egalitate on one’s own responsibility pe propria răspundere on parole: pus în libertate/eliberat pe cuvânt de onoare/condiŃionat on the jury printre jurati. a solicita un drept put in/into force a pune în vigoare (o lege) put out a court a exclude ca neîntemeiat (un argument) 250 . sugerându-i anumite răspunsuri prove a will a omologa un testament.nail a lie ( to the counter) a dovedi falsitatea unei afirmaŃii not guilty nevinovat not to have a leg to stand on (for something): a nu aduce nici o dovadă concludentă. în cadru legal on the panel pe lista juraŃilor. ceva) a nu avea nici un fundament offend against the law a încălca legea. a sancŃiona pitch somebody over the bar a respinge pledoaria/ argumentaŃia unui avocat plead guilty a se declara vinovat prompt a witness a influenŃa depoziŃia unui martor. a da cuiva o sentinŃă pass the seals a ratifica. legitim.
a pune concluzii la pledoarie return somebody guilty a declara/ găsi pe cineva vinovat send up for trial a trimite în judecată/înaintea unui tribunal. settle out of court a stinge acŃiunea prin împăcarea părŃilor. a cere unui martor să jure 251 . a elibera settle a law suit (amiably) a rezolva un litigiu printr-o tranzacŃie.put the law on somebody a intenta cuiva un proces put the execution a de cuiva pedeapsa capitală raise a claim a revendica un drept. a găsi pe cineva vinovat serve a notice on somebody a aduce cuiva la cunoştinŃă o hotărâre judecătorească/ oficială serve notice a da/trimite o înştiinŃare oficială set at large/liberty/free a pune în libertate. a ridica o pretenŃie rest the case a conchide. a ajunge la un acord într-un proces. a încălca legea surrender to one’s bail a se prezenta în faŃa autorităŃilor (judecătoreşti) după ce a fost eliberat pe cauŃiune sustain a claim/an objection a admite/soluŃiona favorabil o cerere/revendicare/obiecŃiune swear a charge/an accusation against somebody a acuza pe cineva sub jurământ swear an affidavitt a face o declaraŃie sub jurământ swear a witness a lua jurământul unui martor. a interpreta legea în mod părtinitor. a se împăca înainte de a aduce cazul în faŃa instanŃei stake out a claim a înainta/exprima o cerere/revendicare stand mute of malice a refuza să vorbească în instanŃă state a/once’s case a supune un fapt/ faptele judecăŃii tribunalului (de către un reclamant) stay judgement a întârzia judecata/procedura strain the law a forŃa legea.
to: a împuternici pe cineva vow and declare a declara sub jurământ wear the ermine/the gown a fi magistrat within the law în cadrul legii. a prelua un caz juridic.take a brief for/on behalf of somebody (d. a mitui un martor tender în evidence a înainta/prezenta ca dovadă/mărturie thrust somebody from his rights a scoate pe cineva din drepturile lui (legitime). avocaŃi) a se ocupa de procesul cuiva. drepturile cuiva trip up a witness a prinde un martor cu declaraŃii false trump up a charge against somebody. legal 252 . to: a judeca pe cineva acuzat de… under ban prohibit interzis under duress constrâns. to: a depune acuzaŃie falsă împotriva cuiva try somebody for/ on a charge of…. forŃat under pain of death sub pedeapsa capitală vest somebody with power. a se constitui apăratorul cuiva take action against somebody a intenta un proces cuiva take bail a accepta/lua/primi o cauŃiune take legal advice a consulta un avocat/jurisconsult take the stand a se afla în boxa martorilor take to court a da în judecată. a răpi cuiva un drept trench upon somebody’s rights a încalca/ uzurpa/ atinge/ legea. a chema în faŃa instanŃei tamper with a witness a influenŃa depoziŃia unui martor.
G. GălăŃeanu-Fârnoagă. Bucureşti. Kodansha International Ltd. Defense Language Institute.S. A step-by-step Workbook For Learning Everyday American Expressions. Ed. Chilărescu . 1986. ABC’s of How It Really Works. DicŃionar Englez-Român. Ed. J.BIBLIOGRAPHY ABC’s of How America Chooses a President. Longman Group Ltd. Comişel. American Justice. Gaines. 1979. 1 Nov. 1990.R.. 1998. Bucureşti.S. Illinois USA.L. U. Blackman. Lincolnwood.News and World Report. 1996. B. Albatros.. Aylesbury. Birmingham. 1992. Kirstein.1982. 1995. Cobuild. D. Ed.S. K. C. 1995. ExerciŃii de gramatică engleză. Albatros. England. L. Allsop. 253 . Texas. Bucks. Lackland Air Force Base. Tokio-New York London. English Language Center. Academiei. American Language Course. NTC Publishing House. Gramatica limbii engleze. Institutul European. Paidos. Book of Idioms. Idiomatic American English. 1996. Using Phrasal Verbs in Everyday Contexts. News and World Report. M. Teora. Bucureşti. 1974. Berman. GălăŃeanu. 1993. 1984. Dictionary of Contemporary English. R.. Bucureşti. 1999. Test Your Phrasal Verbs. G. E. Proficiency in English. Collins Cobuild. Collins Dictionary of Phrasal Verbs. BPCC Hazel Books. Practical Idioms. Test Your Phrasal Verbs. U. Dictionary of Idioms. London.
1975.. Misztal. H. Seidl. 1995. Ed.. Edinburgh Gate. Bucureşti.D. Theory and Practice. V. S. Longman. Pile. Law. Trial Microsoft® Encarta® Encyclopedia 2001. Phrasal Verbs Workbook. vol. Lumina Lex. F. 28 Ian. C..III. Stroescu.All. Stevenson K. DicŃionar de proverbe englez-român. Bucureşti. R. Calciu. Editura Teora. New York. Jury. Criminal Procedure. Courts. 1995. 1995. 254 . 1996. Lefter. J. Ed. Civil Law. V. Ernst Klett Verlag. 1985. Oxford University Press. M. ŞtiinŃifică. Hanga. Nădrag. U. 1992. Crime Detection. J. English Grammar. Criminal Law. Jurisprudence. DicŃionar englez-român de termeni juridici (manuscris). Oxford University Press. 2000. 1974. Pearson Education Limited. McDonald. Oxford University Press. American Life and Institutions. Limba engleză pentru jurişti. Grammar in Context. The Book of Heroic Failures. Ed. 1998. Oxford Advanced Learner’s Dictionary. Legal Education. Stuttgart. DicŃionar juridic. Bucureşti. Criminology. 2000. Harlow. FundaŃiei “ România de Mâine”. Harper Collins Publishers Ltd. Oxford. Test Your Vocabulary. © 1993-2000 Microsoft Corporation.I . Paidos. 1999. 1998. All rights reserved. Questions of English. Goodale. eds. Ed. Bucureşti. M. Bucureşti. M. Marshall. S. News and World Report. L. How Our Government Works.Gethin. Exercises on Idioms. Proficiency Level English.
Oxford. Oxford University Press. A Practical English Grammar. 1994.J. A. 1977. Advanced Language Practice. Martinet. Heinemann. M.V.Thomson. A. 255 .. Vince.
Tehnoredactare computerizată : Angheluş Bîzîiac 256 .
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.